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Home My WebLink About2022.07.18 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, July 18, 2022 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this meeting. To listen to the meeting via phone, call (631) 992-3211 and use access code 613-585-088. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 6 - 17 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council Regular Meeting held on July 5, 2022 and Special Meeting and Regular Workshop held on July 11, 2022. 18 - 20 (b) Bills and Communications Page 1 of 173 To approve claims in the total amount of $4,618,823.94 ($3,009,969.49 in Check Nos. 249411-249667; $587,623.36 in Electronic Transfer Nos. 836447, 836450, 836464-836467, 836470; $14,584.76 in Check Nos. 53964-53984; $1,006,646.33 in Electronic Transfer Nos. 30177007-30177611). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $204,327.27 and, of that amount, authorize $0.00 to be turned over for collection. 21 - 24 (c) Resolution - Washington State Department of Commerce Award- CDBG-CV2 MOTION: I move to approve Resolution No. 4203, amending the Program Year 2022 Community Development Block Grant Allocations for CDBG-CV2. 25 - 38 (d) Resolution - Bonneville Power Land Use Agreement Supplement No. 1 for Process Water Reuse Facility Phase 1 Project MOTION: I move to approve Resolution No. 4204, authorizing the City Manager to execute the Land Use Agreement Supplement No. 1 with The United States of America, Department of Energy, Bonneville Power Administration for the Process Water Reuse Facility Phase 1 Project. 39 - 42 (e) Resolution - Amending City Council Representation on Community Boards and Committees for 2022-2023 MOTION: I move to approve Resolution No. 4205, confirming Mayoral amended assignments of Councilmembers to various community boards and committees for the years 2022-2023. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Page 2 of 173 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 43 - 51 (a) Public Hearing (cont'd.) & Ordinance - East Lewis Place ROW Vacation (VAC 2022-003) CONTINUATION OF PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4596, vacating the East Lewis Place Right-of-Way Vacation (VAC 2022-003); and further; authorize publication by summary only. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 52 - 86 (a) *Q Ordinance - Chaher Rezone RT to C-3 (Z 2022-003) MOTION: I move to adopt Ordinance No. 4597, approving a rezone to Lots 2 & 3, Short Plat 99-22 from RT to C-3, and, further, authorize publication by summary only. 87 - 121 (b) *Q Ordinance - Broetje Orchards Rezone RT to R-1 (Z 2022-004) MOTION: I move to adopt Ordinance No. 4598, approving a rezone to Block 5, Washington Addition to Pasco from RT to R-1, and further, authorize publication by summary only. 122 - 156 (c) *Q Ordinance - Jubilee Foundation Rezone RT to R-4 (Z 2022-005) MOTION: I move to adopt Ordinance No. 4599, approving a rezone to Blocks 11 & 12, Washington Addition to Pasco from RT to R -4, and further, authorize publication by summary only. 157 - 165 (d) *Ordinance & Resolution - Budget Amendment & Bid Award for West Pasco Water Treatment Plant Expansion (Phase 2) MOTION: I move to approve Resolution No. 4206, awarding Bid No. 21297 for the West Pasco Water Treatment Plant Expansion Phase 2 project to Apollo, Inc. of Pasco, Washington, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. MOTION: I move to adopt Ordinance No. 4601, amending the 2021 - 2022 Biennial Budget of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Page 3 of 173 water fund for the construction of the West Pasco Water Treatment Plant Improvements Phase 2. 166 - 171 (e) Ordinances - Budget Adjustments - City Purchase of Thunderbird Motel and Fire Station No. 85 Street & Utilities Work MOTION: I move to adopt Ordinance No. 4601, authorizing the expenditure of Bond Revenue for the purpose of financing the construction costs associated wit the future Pasco Fire Station No. 85 site work project and amending the 2021-2022 Biennial Budget General Construction Fund, and, future, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4602, amending the 2021 - 2022 Biennial Budget of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Economic Development Fund for the purchase of property located at 414 West Columbia Street, Pasco, WA, and, future, authorize publication by summary only. 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 172 - 173 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Monday, July 18, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) • Thursday, July 21, 7:30 AM: Hanford Communities Governing Board Meeting – Richland City Council Chambers (COUNCILMEMBER ZAHRA ROACH, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) Page 4 of 173 • Thursday, July 21, 12:30 PM: Greater Columbia Accountable Community Health Leadership Council & Board Meeting – Tri-Cities Community Health Board Room, 800 W. Court St. (COUNCILMEMBER ZAHRA ROACH, Rep.) • Thursday, July 21, 3:30 PM: Franklin County Emergency Management Council Meeting – EMS Office, 1011 E. Ainsworth (MAYOR BLANCH BARAJAS, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Thursday, July 21, 4:00 PM: Downtown Pasco Development Authority – DPDA (MAYOR PRO TEM CRAIG MALONEY Alt.) • Thursday, July 21, 4:00 PM: Tri-Cities National Park Committee Meeting – Tri-Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W. Grandridge Blvd., Kennewick (MAYOR BLANCHE BARAJAS, Rep.; MAYOR PRO TEM CRAIG MANLONEY, Alt.) • Monday, July 25, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER PETE SERRANO, Rep.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 5 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 07.05.2022 & 07.11.2022 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on July 5, 2022 and Special Meeting and Regular Workshop held on July 11, 2022. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 173 MINUTES City Council Regular Meeting 7:00 PM - Tuesday, July 5, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete Serrano, David Milne, and Zahra Roach Councilmembers absent: None Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Krystle Shanks, Deputy City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes To approve the minutes of the Pasco City Council Special Meeting held on June 20, 2022 and Special Meeting & Regular Workshop held on June 27, 2022 respectively. Bills and Communications To approve claims in the total amount of $3,825,136.01 ($1,984,243.12 in Check Nos. 249178-249410; $881,048.58 in Electronic Transfer Nos. 835974-835978, 835983-836053, 836066-836105, 836113-836231, 836234-836300, 836308- 836383; $12,332.13 in Check Nos. 53947-53963; $947,512.18 in Electronic Transfer Nos. 30176413-30177006). Page 1 of 6Page 7 of 173 Ordinance & Resolution - Budget Amendment & Bid Award for Process Water Reuse Facility (PWRF) Pretreatment Improvements (Phase 1) Potable Water and Electrical Improvements To approve Resolution No. 4196, awarding Bid No. 19055 for the Process Water Reuse Facility (PWRF) Pretreatment Improvements (Phase 1) Potable Water and Electrical Improvements Project, to Tapani Inc. of Battle Ground, Washington, and further authorize the City Manager to execute the contract documents. To adopt Ordinance No. 4595, amending the 2021 -2022 Biennial Budget (Ordinance No. 4560) of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's general construction fund for the construction of the PWRF Pretreatment Improvements (Phase 1) Potable Water and Electrical Improvements Project. Resolution - Wastewater Treatment Plant Phase 2 Sole Source Purchase To approve Resolution No. 4197, waiving the competitive bidding requirements and approving the purchase of Centrisys THK 200 Centrifuge from Centrisys for the Municipal Wastewater Treatment Plant Phase II Project. Resolutions - Lease three (3) Fire Trucks and Purchase Fire Ladder Truck To approve Resolution No. 4198, authorizing the City Manager to execute the lease agreements for three fire trucks from PNC Bank, National Association for the cost of $2,724,255.71. To approve Resolution No. 4199, waiving the competitive bidding requirement and approving the purchase of a 2005 Pierce ladder truck from Fire Trucks Unlimited. Resolution - Old Station No. 84 Facility Lease for Franklin County Fire District No. 3 Use To approve Resolution No. 4200, authorizing the City Manager to sign and execute the Facility Lease Agreement with the Franklin County Fire Protection District No. 3 for real property located at 120 Road 48, Pasco, WA and 4803 West Octave Street, Pasco, Washington. Resolution - Police Department Strategic Plan To approve Resolution No. 4201, approving the Pasco Police Department 2022 Strategic Plan. Resolution - Setting a Public Hearing Date to consider the Brantingham Right- of-Way Vacation (VAC 2022-004) To approve Resolution No. 4202, setting 7:00 p.m., Monday, August 1, 2022, as the time and date for a public hearing to consider the vacation of right -of-way along Page 2 of 6Page 8 of 173 East Adams Street and North Rainier Avenue located adjacent Lots 10, 11, & 12 of the FCID Industrial Park Plat. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Serrano to approve the Consent Agenda as read. RESULT: Motion carried unanimously 6-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Milne, and Councilmember Roach VISITORS - OTHER THAN AGENDA ITEMS David and Shilo Morgan, Spokane business owners and Pasco homeowners, were seeking to open a cannabis business but stated an ordinance is preventing their business from opening in the Pasco Downtown Business District. They suggested providing a more in-depth presentation to Council on their plans to further the discuss the benefits he believes his business would have on the downtown. Council suggested Mr. Morgan provide an email to Pasco City Council with more information for Council. Carl Holder, Pasco business owner, discussed the C-2 zone in relation to cannabis stores in the Pasco Downtown Business District and submitted records to the Deputy City Clerk. Jose Iniguez, Pasco business owner, discussed legal cannabis data and the imp acts on Pasco by not allowing the sales of legal cannabis within the Downtown Business District. Stephen Bauman, Franklin County resident, discussed the East Area UGA LID for the expansion and the need for sewer and traffic impacts. Mr. Bauman Invited Co uncil to a Community Forum in Police Room on July 12th at 3:00 PM to discuss the project further with developers and City staff. Thomas Granbois, Pasco resident, voiced his support for legalizing cannabis sales in the C- 2 zone in the Downtown Business District and discussed ARPA funds or other loan programs to improve infrastructure on businesses in the Downtown Business District. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mayor Pro Tem Maloney recognized Mayor Barajas and City staff for their hard work related to the 4th of July community events, including; the parade, cardboard regatta, car show and fireworks display. Page 3 of 6Page 9 of 173 Mr. Campos noted that he attends the Ben Transit Operation & Maintenance Sub- Committee, which doesn't always appear on the Council agenda reminders. Mr. Serrano recognized the 4th of July community events and expressed his pride for Pasco. Ms. Roach attended the 4th of July Parade noting the high levels of participation. She also attended the Hanford Communities Governing Board who voted to approve a joint letter to the Department of Ecology asking for a funding increase for the Hanford Clean-Up. Mayor Barajas commented on the 4th of July Parade where she rode with Deputy City Manager Adam Lincoln during the parade. She stated as a judge for the parade, she had a hard time picking a winner. She also attended the Car Show for the first time and enjoyed seeing the owners' pride as they displayed their vehicles. Then in the evening, she commented on her attendance at the Gesa Stadium for fireworks. Lastly, Mayor Barajas recognized Parks & Recreation, Fire and Police staff for their hard work. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Hearing (cont'd.) - East Lewis Place ROW Vacation (VAC 2022-003) Mr. White provided an update on the East Lewis Place Right -of-Way (ROW) Vacation (VAC 2022-003) and stated that more time is needed to improve the language. Mr. Serrano addressed developer concerns and wanted to hear their position on the continued delay. Mr. Bauman, the developer, expressed agreement with the delay. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to continue the public hearing for the East Lewis Place Right -of-Way Vacation (VAC 2022-003) to the July 18, 2022, Council meeting. RESULT: Motion carried unanimously 6-0 AYES: Mayor Pro Tem Maloney, Councilmember Milne, Mayor Barajas, Councilmember Campos, Councilmember Serrano, and Councilmember Roach ABSENT: Councilmember Torres ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Public Meeting - SERP Requirement for the Wastewater Treatment Plant Phase 2 Page 4 of 6Page 10 of 173 Mr. Worley introduced Senior Civil Engineer Jon Padvorak who provided a brief presentation on the SERP Requirements for the Wastewater Treatment Plant. Council discussed possible concerns, such as, odor, traffic and long term impacts. Staff addressed the Council's concerns. Mayor Barajas commenced a public meeting for the Wastewater Treatment Plant - Phase 2 project. No public comments were received and a motion was not required per the City Attorney. MISCELLANEOUS DISCUSSION Mr. Zabell shared a quick summary relating to the 4th of July holiday including the City sponsored events, as well as Police Enforcement and Fire & Emergency Services associated Incidents. Mr. Ratkai thanked City staff who for their efforts in hosting the largest 4th of July holiday celebration held in the Tri-Cities. He commented on the outcome of the Family Bike Ride, Kiwanis Pancake Breakfast, Parade, Cardboard Regatta, Car Show and Fireworks at GESA Stadium. Overall, substantial public turnout to these events was well received. Mr. Zabell discussed Washington State approved fireworks and the ban of illegal fireworks. However, many of the illegal fireworks are purchased in Burbank, WA and brought back to Pasco and several calls were received for the enforcement of illegal fireworks. Mayor Pro Tem Maloney added that the events were a success but did note that the lack of entertainment prior to the fireworks show at GESA Stadium. Mr. Zabell and Mr. Ratkai said they would take that feedback into consideration for future planning. Police Chief Roske summarized that 4th of July is the busiest holiday for the Pasco Police Department; however, this year was overall relatively safe with no major incidents other than one arson, though there was a significant amount of calls for service relating to illegal fireworks. The Police Department engaged in a media campaign for education and tried to issue more warnings and educate the public. Fire Chief Gear introduced Deputy Chief Dunbar to provided an update for the 4th of July who reported that the calls for service were a lower this year than in previous years. There were three (3) less fires this year, one (1) of which was an arson fire. The other tow (2) fires that took more than a single unit were near the Cable and Blue Bridges by grass fields. All other fires were not significant at all and there were less EMS calls as well, some of which were duplicate calls. Page 5 of 6Page 11 of 173 Mr. Campos suggested block parties to invite the community to gather safely and allow aerial fireworks in a safe way since they are used widely throughout the City. Mr. Zabell addressed the use of illegal fireworks and that coordination would need to occur to stop the purchase of the illegal fireworks in neighboring jurisdictions of which are then brought back into the City of Pasco. Mayor Barajas suggested increasing live entertainment at the Gesa Fireworks Show to encourage more people going to come as an alternative. RECESS Mayor Barajas called a five minute recess at 8:02 PM prior to Executive Session. EXECUTIVE SESSION Council adjourned into Executive Session at 8:07 PM for 30 minutes to discuss qualifications of an applicant/candidate for appointment to Elective Office per RCW 42.30.110(1)(h) with the City Manager, Deputy City Manager and the City Attorney. Mayor Barajas called the meeting back to order at 8:37 PM. ADJOURNMENT There being no further business, the meeting was adjourned at 8:37 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Krystle Shanks, Deputy City Clerk Page 6 of 6Page 12 of 173 MINUTES City Council Special Meeting 6:00 PM - Monday, July 11, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 6:00 PM by Blanche Barajas, Mayor. ROLL CALL Pledge of Allegiance Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete Serrano, and David Milne Councilmembers absent: Zahra Roach Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Eric Ferguson, City Attorney, Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Krystle Shanks, Deputy City Clerk. The meeting was opened with the Pledge of Allegiance. COUNCIL DISTRICT NO. 3 INTERVIEWS & POSSIBLE APPOINTMENT Council conducted the interviews for Council Position No. 3, which included the following candidates: 1. Zulema Abastillas 2. Irving Brown Sr. 3. Ryan Jones 4. Marianna Polyukh EXECUTIVE SESSION As the conclusion of the interviews, Council adjourned into Executive Session at 6:42 PM for 15 minutes to discuss the qualifications of an applicant/candidate for appointment to elective office per RCW 42.30.110(1)(h) with the City Manager, Deputy City Manager and the City Attorney. Page 1 of 2Page 13 of 173 Mayor Barajas called the meeting back to order at 6:57 PM. APPOINTMENT TO CITY COUNCIL Mayor Barajas opened the floor for nominations for Council Position No. 3. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to appoint Irving Brown Sr. to Council Position No. 3 effective from July 11, 2022 through certification of November 2023 general election for City of Pasco Council. RESULT: Motion carried 4-1 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, and Councilmember Milne NAYS: Councilmember Serrano ABSENT: Councilmember Roach OATH OF OFFICE OF COUNCILMEMBER Mayor Barajas administered the Oath of Office of Councilmember to Irving Brown. Then Mr. Brown took his seat at the Council Chambers dais. ADJOURNMENT There being no further business, the meeting was adjourned at 7:01 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Krystle Shanks, Deputy City Clerk Page 2 of 2Page 14 of 173 MINUTES City Council Workshop Meeting 7:00 PM - Monday, July 11, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:01 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Irving Brown, Joseph Campos, Pete Serrano, David Milne, and Zahra Roach Councilmembers absent: None Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Eric Ferguson, City Attorney; Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Krystle Shanks, Deputy City Clerk. RECESS Mayor Barajas called a five minute recess at 7:02 PM. Ms. Roach joined the meeting at 7:08 PM. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Campos announced that the Ben Franklin Transit will hold a workshop to discuss tax issues on July 13, 2022 at 6:00 PM. ITEMS FOR DISCUSSION Automated Photo Enforcement Program - Study Results Mr. Worley introduced Brian Chandler of DKS Associates who provided a presentation on Automated Photo Enforcement Program study results, which included detailed data collected during the study's timeframe. Page 1 of 3Page 15 of 173 Mayor Pro Tem Maloney discussed the collision analysis, which reinforced increased safety and fewer crashes as a result of red light cameras and asked if there were additional locations of interest. Mr. Serrano questioned the length of the contract and costs for red light cameras and suggested that Council discuss the contract in more detail prior to its renewal. Mr. Chandler and Mr. Worley responded to Council's questions and comments. RECESS Mayor Barajas called a five-minute recess at 8:26 PM. Resolution - Washington State Department of Commerce Award - Community Development Block Grant (CDBG-CV2) Mr. White provided a brief overview of the Washington State Department of Commerce Award for Community Development Block Grant (CDBG-CV2) and stated that staff proposes the funds be allocated to the Meals on Wheels program. Mayor Pro Tem Maloney stated that he had discussions with staff about the types of possible allocations for the funds and that fire sprinkler systems in the Downtown Business District was not an allowable use of the funds. Council and staff discussed the qualifications for allowable programs. Council concurred that the Meals on Wheels program was an appropriate use of the funds. Pasco Arts and Culture Commission Grant Program Ms. Pashon provided a brief presentation on the Pasco Arts and Culture Commission Grant Program. Mayor Pro Tem Maloney discussed concerns with murals and the Pasco Municipal Code (PMC) as it is currently written. Council and staff discussion ensued regarding murals and the process to change the PMC; however, Ms. Pashon stated that at this time, murals are allowed. Mayor Pro Tem Maloney suggested a need-based approach for events, as there are some events that receive other funding from private sponsorships and donations. Ms. Pashon thanked Mayor Pro Tem Maloney for pointing out the funding of events. She stated that events that receive private funding and donations would likely be excluded. Resolution - Bonneville Power Land Use Agreement Supplement No. 1 for PWRF project Phase 1 Page 2 of 3Page 16 of 173 Mr. Worley introduced Capital Improvement Projects Manager Marie Serra, who provided a brief overview of the Bonneville Power Land Use Agreement, Supplement No. 1 for Process Water Reuse Facility (PWRF) Project Phase 1. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell announced that the “Drums Along the Columbia” were in town at Edgar Brown Stadium and had utilized Highland Park earlier in the day for practice. Mr. Campos congratulated newly appointed Councilmember Irving Brown Sr. to Council and asked if there were still plans to have a Mini-Council Retreat. Mr. Zabell and Council discussed scheduling of the Mini -Council Retreat to be held in late August or early September. ADJOURNMENT There being no further business, the meeting was adjourned at 8:51 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Krystle Shanks, Deputy City Clerk Page 3 of 3Page 17 of 173 AGENDA REPORT FOR: City Council July 14, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 07.18.22 Bad Debt Write-off/Collection for June 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,618,823.94 ($3,009,969.49 in Check Nos. 249411-249667; $587,623.36 in Electronic Transfer Nos. 836447, 836450, 836464-836467, 53964Nos. Check $14,584.76 836470; in -53984; $1,006,646.33 in Electronic Transfer Nos. 30177007 -30177611). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $204,327.27 and, of that amount, authorize $0.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 18 of 173 REPORTING PERIOD: July 18, 2022 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 249411-249667 53964-53984 Total Check Amount $3,009,969.49 $14,584.76 Total Checks 3,024,554.25$ Electronic Transfer Numbers 836447 30177007-30177611 836450 836464-836467 836470 Total EFT Amount $587,623.36 $1,006,646.33 $0.00 Total EFTs 1,594,269.69$ Grand Total 4,618,823.94$ Councilmember 535,825.16 90,387.31 29,646.27 1,510.32 46,291.17 632.01 1,746.00 364.93 6,482.53 113.77 45,311.65 724.70 13,541.67 27,180.63 134.51 HOTEL/MOTEL EXCISE TAX 5,000.00 695,554.96 1,085,940.56 154,832.98 16,983.13 238,100.00 0.00 144,515.28 1,333.86 1,476,670.54 GRAND TOTAL ALL FUNDS:4,618,823.94$ PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS SENIOR CENTER OPERATING MULTI-MODAL FACILITY City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 18th day of July, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET The City Council June 30 - July 13, 2022 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 19 of 173 BAD DEBT WRITE-OFF/COLLECTION June 1 – June 30, 2022 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under $20 with no current forwarding address or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ .00 .00 .00 Ambulance $ 204,327.27 .00 204,327.27 Court A/R $ .00 .00 .00 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 204,327.27 .00 204,327.27 Page 20 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Resolution - Washington State Department of Commerce Award- CDBG- CV2 I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, amending the Program Year 2022 Community Development Block Grant Allocations for CDBG -CV2. III. FISCAL IMPACT: Department of Commerce CDBG-CV2 is $145,090 IV. HISTORY AND FACTS BRIEF: The Community Development Block Grant (CDBG) Division in the Community Economic and Development Department applied for CDBG-CV2 funds through the Department of Commerce. Staff was notified in September 2021 that the application was approved to prevent, prepare for, and respond to coronavirus through Micro-enterprise Assistance. The need was less than anticipated, so staff prepared an amendment to the scope of work in May 2022 from Micro-enterprise Assistance to an eligible public service activity for seniors through the Pasco Meals on Wheels program. This eligible public service activity will benefit approximately 18,000 persons and target services to principally low-moderate income (LMI) based on the HUD presumed benefit special group - the elderly. In accordance with federal regulations, citizen participation requirements are required. Notice of Public Hearing was published in the Tri-City Herald and in Tu Page 21 of 173 Decides on April 25, 2022 for public comment for the amendment to the scope of work with the comment period ending June 16, 2022. No comments were received. Guidance from the Department of Commerce cautions grantees to use community partners that are already familiar with the use of CDBG/HOME funds to avoid training or qualifying new subrecipients. Using the reprogrammed funds for the existing Meals on Wheels program is a desirable and timely option as this particular HUD Grant expires on June 30, 2023. V. DISCUSSION: This item was discussed at the July 11, 2022, Council Workshop and staff recommends the approval of the amended 2022 Community Development Block Grant Allocation for CDBG-CV2. Page 22 of 173 Resolution – 2022 CDBG Annual Action Plan - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AMENDING THE PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS FOR CDBG-CV2. WHEREAS, Council Approve Resolution No. 4087 in September 2021 for the Program Year 2022 Annual Action Plan for activities totaling $750,000; and WHEREAS, The Community Development Block Grant (CDBG) in the Community Economic and Development Department received CDBG-CV2 funds totaling $145,090 through the Department of Commerce and was notified in September 2021 that our application was approved to prevent, prepare for, and respond to coronavirus through Micro-enterprise Assistance; and WHEREAS, the need for Micro-enterprise Assistance was less than anticipated; and WHEREAS, City of Pasco did an Amendment to the scope of work in May 2022 from Micro-enterprise Assistance to an eligible public service activity for seniors, through the Pasco Meals on Wheels program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council hereby amends the CDBG 2022 Annual Action Plan as follows: Activity Funding CDBG-CV2 Program Administration $14,000 CDBG-CV2 Public Service- Pasco Meals on Wheels $131,090 Total $145,090 Be It Further Resolved, that the City Council hereby approves the funded projects above in the 2022 Annual Action Plan; and Be It Further Resolved, that the City Manager, or his designee, is authorized to sign all agreements in accordance with the 5-Year Consolidated Plan and Annual Action Plan Supplements previously approved by Council; and Be It Further Resolved, that this Resolution will take effect immediately. Page 23 of 173 Resolution – 2022 CDBG Annual Action Plan - 2 PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 24 of 173 AGENDA REPORT FOR: City Council July 12, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Bonneville Power Land Use Agreement Supplement No. 1 for Process Water Reuse Facility Phase 1 Project I. REFERENCE(S): Resolution Proposed Land Use Agreement Supplement No. 1 Vicinity Map Executed Land Use Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _________, authorizing the City Manager to execute the Land Use Agreement Supplement No. 1 with The United States of America, Department of Energy, Bonneville Power Administration for the Process Water Reuse Facility Phase 1 Project. III. FISCAL IMPACT: There is no cost associated with this supplement. IV. HISTORY AND FACTS BRIEF: On June 11, 2019, the City executed a Land Use Agreement with the United States of America, Department of Energy, Bonneville Power Administration (BPA) requesting BPA's permission to use portions of the real property subject to the BPA Easement for three (3) underground wastewater pipeline crossings as part of the Foster Wells Force Main project, which is related to the Process Water Reuse Facility (PWRF). The BPA easement extends across the southwest corner of the City-owned parcel for the PWRF (Parcel ID: 113090085). The BPA easement is a 100 -foot- wide easement extending in a southeast-northwest direction. This easement Page 25 of 173 hosts overhead transmission lines extending from Franklin County to the Hanford area, in Benton County. As future improvements are planned for the PWRF, supplements to the existing Land Use License with BPA are necessary. City Staff has coordinated with BPA for the supplement of the pre viously executed Land Use Agreement to include additional utilities, as part of the PWRF Pretreatment Improvements Phase 1 project. The proposed additional utilities to be installed crossing the BPA easement consist of: • One (1) underground 20” waterline • Two (2) underground wastewater pipeline • Two (2) underground power lines • One (1) underground fiber line V. DISCUSSION: This supplement will allow for the installation of utilities within the BPA easement area as part of the PWRF Phase 1 Project. Given the alignment of the BPA easement, there is no alternative layout for the utilities that would prevent crossing BPA’s easement. The PWRF Pretreatment improvements Phase 1 project plans and specifications are consistent with the Terms and Conditions associated with this Land-use license. This item was discussed at the July 11, 2022, Council Workshop meeting. City staff recommends approval of the attached Land Use Agreement Supplement No. 1 for the improvements associated with the PWRF Pretreatment Improvements Phase 1 Project. Page 26 of 173 Resolution – CO-1 for Water Storage Reservoir Zone 3 Progressive Design Build Project - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE THE LAND USE AGREEMENT SUPPLEMENT NO. 1 WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF ENERGY, BONNEVILLE POWER ADMINISTRATION (BPA) FOR THE PROCESS WATER REUSE FACILITY (PWRF) PHASE 1 PROJECT. WHEREAS, the City and BPA entered into Land Use Agreement No. 20190233 on July 10, 2019, for use of the BPA Easement area for the purpose of construction/installation, use and maintenance of a sewer line; and WHEREAS, Land Use Agreement No. 20190233 grants the City permission to use portions of the real property subject to the BPA Easement for three (3) underground 20" sewer force main crossings; and WHEREAS, Supplement No. 1 to the Land Use Agreement is necessary to supplement the agreement to use portions of the real property subject to the BPA Easement for the construction/installation, use and maintenance of a (1) - 20" HDPE water line buried at 4.5'+, (1) - 20" HDPE sewer line buried at 4.5'+, (1) - 10" HDPE sewer line buried at 3.5'+, (2) - 6" 13.8kV power lines, and (1) - 2" fiber line; and WHEREAS, pursuant to RCW 35A.13.230 and 35A.11.010 the City Council has the authority to control its real and personal property interests; and WHEREAS, the City of Pasco currently has a property interest, Land Use Agreement, allowing the City use of the BPA easement for construction/installation, use and maintenance of its sewer line which requires modification to allow placement of additional HDPE pipe implicating Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Manager, for the City of Pasco, is hereby authorized to execute Land Use Agreement Supplement No. 1 to the Agreement, a copy of which is attached hereto, and incorporated by this reference as Exhibit A. Page 27 of 173 Resolution – CO-1 for Water Storage Reservoir Zone 3 Progressive Design Build Project - 2 Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, this ______ day of July 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ __________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 28 of 173 Department of Energy Bonneville Power Administration 2211 North Commercial Avenue Pasco, WA 99301 July 15, 2022 In reply to: TERR-Tri-Cities-RMHQ BPA Case No.: 20190233 Tract Nos.: B-F-16-A-41, H-P-16-A-60 Line Names: Hanford-Pasco Line (operated as Benton-Franklin No. 1) Benton-Franklin No. 2 ADNO Nos.: 9210, 9211 Location: Structure Nos.: 16/4 - 16/5 LAND USE AGREEMENT SUPPLEMENT NO. 1 Consent to Use of BPA’s Easement Area This Land Use Agreement Supplement is entered into by and between the United States of America, Department of Energy, Bonneville Power Administration (“BPA”) and City of Pasco (“Holder”). Whereas BPA holds easement rights (“BPA Easement”) over the following described property (“BPA Easement Area”): That portion of the SW1/4NW1/4 of Section 4, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, State of Washington, as shown on the attached segment of BPA Drawing No. 50316, marked as Exhibit A. Holder had requested BPA’s permission to supplement the agreement to use portions of the real property subject to the BPA Easement for the construction/installation, use and maintenance of a (1) - 20" HDPE sewer line buried at 4.5'+ and (1) - 10" HDPE sewer line buried at 4.5'+, 20" HDPE waterline buried at 3.5+, (2) - 6" 13.8kV power lines and (1) - 2" fiber line (“Holder’s Facility”). Subject to the terms and conditions set forth in Land Use Agreement 20190233, BPA consents to Holder’s use of the BPA Easement Area for the purpose proposed by Holder, and concurs that such use will not interfere with the current operation and maintenance of BPA’s transmission facilities, if constructed in the manner and at the location shown on Exhibit A, attached hereto and made a part hereof. Additional terms and conditions specific to Holder’s Facility are included as part of this Agreement as Exhibit B, attached hereto and made a part hereof. EXHIBIT A Page 29 of 173 2 Case No.: 20190233 Tract Nos.: B-F-16-A-41, H-P-16-A-60 Holder’s contact information: NAME: City of Pasco ADDRESS: 525 N 3rd Avenue Pasco, WA 99301 PHONE: (509) 543-5738 EMAIL: worleys@pasco-wa.gov Holder agrees to notify BPA in writing of any changes to the above listed contact information. All other terms and conditions of the Land Use Agreement dated June 11, 2019 shall remain the same. This Agreement becomes effective upon the signature of all parties. _______________________________ ___________________ Holder Date _______________________________ Print Name _______________________________ Title (if applicable) THIS AGREEMENT IS HEREBY AUTHORIZED: ______________________________ ___________________ Realty Specialist Date Bonneville Power Administration NOTE: Execution in Counterparts; Electronic Signature; Electronic Transmittal. This Land Use Agreement may be executed in counterparts, each of which will be deemed an original, but all of which constitute one and the same instrument. Electronic or digital signatures shall be deemed original signatures for purposes of this Land Use Agreement. Said counterparts may also be transmitted by one Party to the other by facsimile or electronic mail. BPA seeks help maintaining the integrity of the electrical transmission system. Please report any vandalism or theft to the BPA Crime Witness program at 1-800-437-2744. Cash rewards of up to $25,000 will be paid should information lead to the arrest and conviction of persons committing a crime. If you have any questions or concerns, please notify a BPA Realty Office. You may contact a (“BPA Representative”) by telephone at (800) 282-3713 or send written correspondence to the address listed at the top of this Agreement. Page 30 of 173 3 Case No.: 20190233 Tract Nos.: B-F-16-A-41, H-P-16-A-60 EXHIBIT B ADDITIONAL TERMS AND CONDITIONS 1. The pipelines are approved at the location shown on the enclosed plan. 2. The pipelines, cable and fiber shall maintain a minimum horizontal clearance of 25 feet to the point where wood poles and guy anchors enter the earth. 3. Bury and maintain the pipelines to a depth of 36 inches to meet BPA requirements. 4. Any portion of Holder’s Facilities constructed on BPA’s Easement Area shall be designed and built to withstand HL-93 loading for BPA’s heavy vehicles. 5. Mark the location of the underground Pipelines and Cables/Fiber with permanent signs and maintain such signs where they enter and leave BPA's Easement Area, and at any angle points within BPA’s Easement Area. BPA will not be responsible for damage to facilities not visibly marked. 6. The underground cables/fiber shall be placed in conduit. Only non-conductive materials, conduit and inner duct are to be installed on BPA Easement Area. 7. Bury and maintain the cables/fiber to a depth of 30 inches to meet BPA requirements. 8. BPA has identified counterpoise (grounding wire) located in the vicinity identified for use by Holder. Holder must take care to ensure that counterpoise is not broken or damaged. Should counterpoise be dug up, exposed, or broken during Holder’s construction activities, Holder must immediately contact the BPA Representative listed at the bottom of Page 3 of the Agreement, so that arrangements can be made to have it repaired. 9. Holder shall not obstruct access to BPA’s Easement Area or transmission line system. BPA personnel and/or its contractors must have access all times. 10. Construction equipment shall maintain a minimum distance of 15 between the equipment and transmission line conductors at all times. Do not measure this with measuring tape, pole or other physical means. If there is the possibility that any equipment can encroach on this distance, then a safety watcher will be required. 11. BPA’s Easement area shall be returned to its original condition following construction. No grade changes to facilitate construction or disposal of overburden shall be allowed. Any damage to BPA property resulting from the proposed Easement use shall be repaired at the applicant's expense. 12. Holder shall not store flammable materials or refuel vehicles or equipment on BPA’s Easement Area. 13. Notice: Nuisance shocks may occur on BPA’s Easement Area. Grounding metal objects helps to reduce the level of shock. It is suggested that construction equipment be grounded with a drag chain. Page 31 of 173 EXHIBIT A CITY OF PASCO CASE NO. 20190233 SUPPLEMENT NO. 1 TRACT NO. B-F-16-A-41, H-P-16-A-60 (1) - 20" HDPE SEWER LINE BURIED AT 4.5'+, (1) - 10" HDPE SEWER LINE BURIED AT 4.5'+, (1) 20” HDPE WATERLINE BURIED AT 3.5”+ AND (2) - 6" 13.8KV POWER LINES AND (1) - 2" FIBER LINE PORTION OF THE SW1/4NW1/4 of SEC 4, TWN 9 N, RNG 30 E, WM, FRANKLIN COUNTY, STATE OF WASHINGTON PORTION OF BPA DRAWING NO. 50316 BENTON-FRANKLIN LINE NO. 2 Approximate location of underground crossing to include (1) - 20" HDPE Sewer Line Buried At 4.5'+, (1) - 10" HDPE Sewer Line Buried At 4.5'+, (1) 20” HDPE Waterline Buried At 3.5”+, (2) - 6" 13.8kv Power Lines and (1) - 2" Fiber Line Page 32 of 173 PROJECT LOCATION MAP PROJECT LOCATIONPage 33 of 173 Department of Energy Bonneville Power Administration 2211 North Commercial Avenue Pasco, WA 99301 June 11, 2019 BPA Case No.: 20190233 Tract Nos.: B-F-16-A-41, H-P-16-A-60 Line Names: Hanford-Pasco Line (operated as Benton-Franklin No. 1) Benton-Franklin No. 2 ADNO Nos.: 9210, 9211 Location: 360’ AOL of Structure Nos. 16/4 520’ BOL of Structure Nos. 16/5 Stationing: 771+50, 771+60 LAND USE AGREEMENT Consent to Use of BPA’s Easement Area This Land Use Agreement (“Agreement”) is entered into by and between the United States of America, Department of Energy, Bonneville Power Administration (“BPA”) and City of Pasco (“Holder”). BPA holds easement rights (“BPA Easement”) over the following described property (“BPA Easement Area”): The SW1/4NW1/4 of Section 4, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, State of Washington, as shown on the attached segment of BPA Drawing No. 50316, marked as Exhibit A. Holder has requested BPA’s permission to use portions of the real property subject to the BPA Easement for three (3) underground 20" sewer force main crossings (“Holder’s Facility”). Subject to the terms and conditions set forth in this Agreement, BPA consents to Holder’s use of the BPA Easement Area for the purpose proposed by Holder, and concurs that such use will not interfere with the current operation and maintenance of BPA’s transmission facilities, if constructed in the manner and at the location shown on Exhibit A, attached hereto and made a part hereof. In consideration of BPA’s concurrence, Holder agrees to the following: 1. This Agreement does not grant any right, privilege, or interest in land, and does not modify, change, or otherwise alter the rights BPA acquired by deed. Loss of the privileges granted by this Agreement is not compensable to Holder. Page 34 of 173 2 Case No.: 20190233 Tract No.: B-F-16-A-41, H-P-16-A-60 2. Holder is responsible for obtaining from the underlying landowner (“Landowner”), by good and sufficient legal instrument, all rights, interests and privileges for land use necessary and incident to the ownership and maintenance of Holder’s Facility. 3. There may be other uses of the property located within the same area as Holder’s Facility. This Agreement is subject to such superior rights. 4. This Agreement is valid only if Holder’s Facility is constructed, operated, and maintained in conformance with the terms of this Agreement and all attached Exhibits. Relocations, changes or upgrades require BPA’s prior written approval. Failure to obtain the written approval of BPA prior to making alterations to Holder’s Facility shall result in the termination of this Agreement. 5. Holder acknowledges and agrees that Holder’s use of the property is subordinate to BPA’s easement rights. BPA reserves the right to trim or remove trees, brush or shrubs or to remove any other encroachment within the BPA Easement Area which might interfere with the operation, maintenance, construction, removal or relocation of BPA’s facilities. Holder agrees to alter, relocate or remove Holder’s Facility, at no cost to BPA, to correct an interference with BPA’s easement rights or to accommodate future modifications of BPA’s facilities. 6. Holder agrees to abide by and comply with all applicable Federal, State and local laws and regulations, including, but not limited to building and safety codes, rules issued by utility commissions, the National Electric Safety Code, entities that regulate Holder, and all applicable environmental regulations. 7. Induced voltages and currents may occur on structures or other items constructed or placed under or near high voltage transmission lines. BPA has no duty to inspect Holder’s Facility or to warn of hazards. Holder shall have the continuing responsibility for the protection of personnel and equipment in the design, construction, operation and maintenance of Holder’s Facility. 8. This Agreement is entered into with the express understanding that it is not assignable or transferable to other parties without the prior written consent of BPA. 9. BPA may terminate this Agreement upon 30 days written notice. Holder shall, within 30 days of receiving such notice of termination, and at Holder’s sole expense, vacate and restore the BPA Easement Area to a condition satisfactory to BPA. Upon Holder’s failure to vacate and restore the BPA Easement Area within the above stated time period, BPA may remove Holder’s Facility and restore the BPA Easement Area at Holder’s expense. 10. A copy of this Agreement shall be physically located at Holder’s project site during construction activities. Holder’s employees, contractors and representatives shall adhere to all conditions and requirements listed herein. 11. Additional terms and conditions specific to Holder’s Facility may be included as part of this Agreement as Exhibit B, attached hereto and made a part hereof. 12. Holder agrees to assume risk of loss, damage, or injury which may result from Holder’s use of the BPA Easement Area, except for such loss, damage, or injury for which BPA Page 35 of 173 Page 36 of 173 Case No.: 20190233 Tract No.: B-F-16-A-41, H-P-16-A-60 Exhibit B ADDITIONAL TERMS AND CONDITIONS 1. The pipeline shall maintain a minimum horizontal clearance of 25 feet to the point where wood poles and guy anchors enter the earth. 2. Construction equipment shall maintain a minimum distance of 15 feet between the equipment and transmission line conductors at all times. Do not measure this with measuring tape, pole, or other physical means. If there is the possibility that any equipment can encroach on this distance, then a safety watcher will be required. 3. Holder shall not store flammable materials or refuel vehicles or equipment within BPA’s Easement Area. 4. Bury and maintain the 20” sewer force mains to a depth of 36 inches to meet BPA requirements. 5. Any portion of Holder’s Facility constructed within BPA’s Easement Area shall be designed and built to withstand HL-93 loading for BPA’s heavy vehicles. 6. BPA easement shall be returned to its original condition following construction. No grade changes to facilitate construction or disposal of overburden shall be allowed. Any damage to BPA property resulting from the proposed easement use shall be repaired at the applicant's expense. 7. Mark the location of the underground 20” sewer force mains with permanent signs and maintain such signs where they enter and leave BPA's Easement Area, and at any angle points within BPA’s Easement Area. 8. Holder shall not obstruct access to BPA’s transmission line system. BPA personnel and/or its contractors must have access the transmission line system at all times. 9. Notice: Nuisance shocks may occur within BPA’s Easement Area. Grounding metal objects helps to reduce the level of shock. It is suggested that construction equipment be grounded with a drag chain. Page 37 of 173 EXHIBIT B CASE NO. 20190233 CITY OF PASCO TRACT NO.: B-F-16-A-41, H-P-16-A-60 THREE UNDERGROUND 20” SEWER FORCE MAINS PORTION OF SW¼NW¼ OF SEC 4, TWN 9N, RNG 30E, WM, FRANKLIN COUNTY, WASHINGTON PORTION OF BPA DRWG NO. 50316 BENTON-FRANKLIN NO. 2 Page 38 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Dave Zabell, City Manager Executive SUBJECT: Resolution - Amending City Council Representation on Community Boards and Committees for 2022-2023 I. REFERENCE(S): Resolution Amended Board and Committee Assignments List for City Council Appointments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____, confirming Mayoral amended assignments of Councilmembers to various community boards and committees for the years 2022-2023. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: City Council representation is required and/or desired on a number of municipal and regional boards and committees. The practice of the City Council has been to make Council appointments to the various boards and committees on a biennial basis; thus, appointments generally are for a two-year term, but not limited to one term. Changes to these appointments, if necessary, can be made at any time by action of the Mayor with confirmation of the City Council. The Mayor's 2022-2023 Council assignments to various community boards and committees was confirmed by Council at their January 18, 2022 through Resolution No. 4139. Since that time, former Councilmember Torres resigned from Council Position No. 3 at the end of May 2022 and the vacancy was posted. At their July 11, 2022 Special Meeting, Council appointed Irving Brown, Sr. to Position No. 3. Page 39 of 173 Therefore, the 2022-2023 Council Assignments needed to be updated to fill the community boards and committees vacated by form Councilmember Torres. Additional amendments in the 2022-2023 Councilmembers assignments list is the representative for Greater Columbia Accountable Community of Health (GCACH) representative was changed from Councilmember Roach to Councilmember Brown and alternate representative for the Benton Franklin Council of Governments (BFCOG) Board was changed from Councilmember Campos to Councilmember Milne. V. DISCUSSION: Mayor Barajas has amended the Council's community assignments for 2022 - 2023 and is seeking confirmation from the Pasco City Council as represented in the attached amended 2022-2023 Council Assignments List and to approve it by resolution. Page 40 of 173 Resolution – Amended 2022-2023 Council Assignments - 1 RESOLUTION NO. ____ A RESOLUTION CONFIRMING MAYORAL AMENDED ASSIGNMENTS OF COUNCILMEMBERS TO VARIOUS BOARDS AND COMMITTEES FOR THE YEARS 2022-2023. WHEREAS, various boards and committees, serving both local and regional purposes, require representation by the Pasco City Council; and WHEREAS, Mayor Barajas, after consultation with Councilmembers, declared appointments to the respective boards and committees for 2022-2023, which was approved through Resolution No. 4139 at the January 18, 2022, Council meeting; and WHEREAS, the 2022-2023 Councilmembers assignments list requires amendments due the resignation of former Councilmember Torres and the recent appointment of Councilmember Brown; and WHEREAS, this is an opportunity for other updates to the 2022-2023 Councilmembers assignments as approved by Mayor Barajas; and WHEREAS, the amended 2022-2023 Councilmembers assignments are reflected in the list, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Pasco City Council hereby confirms the amendments to the appointments to the respective boards and committees in the list attached hereto as Exhibit A, until otherwise modified by action of the Mayor and City Council. PASSED by the City Council of the City of Pasco, Washington, this ___ day of _____, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 41 of 173 CITY COUNCIL BOARD AND COMMITTEE ASSIGNMENTS - CALENDAR YEARS 2022-2023 Mayoral Appointments to Board and Committee Membership BOARD/COMMITTEE DAY TIME LOCATION REP ALT Emergency Medical Services 1st Monday, Even-Months 1:30 pm Fire Training Center 1811 S. Ely Pete Serrano Irving Brown Parks & Recreation Advisory Board* 1st Thursday 5:30 pm Virtual David Milne Pete Serrano Old Fire Pension Board 2nd Monday, Quarterly 6:00 pm Conference Room #1 Blanche Barajas Craig Maloney Ben-Franklin Transit Board 2nd Thursday 7:00 pm Virtual Joseph Campos Craig Maloney Reserve Officers Board 3rd Monday, as needed 5:30 pm Conference Room #1 Blanche Barajas Craig Maloney LEOFF Disability Board 3rd Monday 6:00 pm Conference Room #1 Blanche Barajas Craig Maloney Good Roads & Transportation Association * 3rd Wednesday, Bi-Monthly 5:30 pm Virtual Joseph Campos Pete Serrano Greater Col. Accountable Community of Health 3rd Thursday 12:30pm Virtual Irving Brown Blanche Barajas Tri-Cities National Park Committee 3rd Thursday 4:00 pm 7130 W. Grandridge Blanche Barajas Craig Maloney Benton Franklin Community Action Connections 4th Thursday 5:30 pm 720 W. Court Street Zahra Roach Pete Serrano Franklin County Emergency Management Council 3rd Thursday, Quarterly 3:30 pm EMS Office Blanche Barajas David Milne Benton Franklin Council of Governments 3rd Friday 11:30 am Ben-Franklin Transit Irving Brown David Milne Hanford Area Economic Investment Fund 4th Monday 4:00 pm Ben-Franklin Transit Pete Serrano HAPO Center Advisory Board (Formally TRAC) 4th Tuesday, Quarterly 5:00 pm HAPO Center Joseph Campos Craig Maloney Visit Tri-Cities Board 4th Wednesday 7:30 am 7130 W. Grandridge Zahra Roach David Milne TRIDEC Board of Directors 4th Thursday, Odd months 4:00 pm 7130 W. Grandridge Irving Brown David Milne Hanford Communities Governing Board (and ECA) 4th Thursday, Quarterly 7:30 am Richland Council Chambers Zahra Roach Pete Serrano Downtown Pasco Development Authority 3rd Thursday 4:00 pm DPDA Irving Brown Craig Maloney Pasco Public Facilities District 3rd Tuesday 4:00 pm Council Chambers Craig Maloney David Milne Tri-Cities Regional PFD Board As called Varies Joseph Campos David Milne Craig Maloney Franklin County Solid Waste Advisory Committee As called FC Public Works Pete Serrano Franklin County Law & Justice Council As called FC Courthouse Pete Serrano Local Housing Trust Fund Oversight Committee As called David Milne PSD Skilled & Technical Advisory Committee* 2nd Thursday 4:30pm Virtual David Milne *Voluntary (does not require elected official as representative) Revision Approved: __________ Resolution No.________ Page 42 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Hearing (cont'd.) & Ordinance - East Lewis Place ROW Vacation (VAC 2022-003) I. REFERENCE(S): Proposed Ordinance Overview Map Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONTINUATION OF PUBLIC HEARING MOTION: I move to adopt Ordinance No._____, vacating the East Lewis Place Right-of-Way Vacation (VAC 2022-003); and further; authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The adjacent property owners have petitioned for the vacation of a portion of East Lewis Place right-of-way as established per Washington State Department of Transportation (WSDOT). On May 16, 2022, City Council approved Resolution No. 4186 fixing June 6 , 2022, as the date for a public hearing to consider the vacation request. On June 6, 2022, Council opened the Public Hearing, which was continued to July 5, 2021. The applicant and staff have developed a means of providing for the vacation and reserving an appropriate amount of property through an easement for future Page 43 of 173 road/access needs. The necessary language has been incorporated into a vacation ordinance. V. DISCUSSION: Staff is recommending approval of the ordinance with the additional language reserving an appropriate amount of property through an easement for future road/access needs. Page 44 of 173 Ordinance – VAC 2022-003 Lewis Place LLC - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ___________________________________________________________________________ ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A RIGHT-OF-WAY FOR EAST LEWIS PLACE, FORMERLY PRIMARY STATE HIGHWAY NO. 3, PASCO TO ATTALIA. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate a right-of-way; and WHEREAS, a petition for a portion of East Lewis Place right-of-way (formerly primary State Highway No. 3, Pasco to Attalia) as established per Washington State Department of Transportation (WSDOT) Pasco to Attalia plans, Contract No. 3908, dated June 6, 1950, for Right- of-Way, Sheet 2 of 11, Deed filed under Franklin County Auditor's File Number 133353, of which a portion was vacated by City of Pasco Ordinance No. 4102 filed under Franklin County Auditor's File Number 1800771, located in the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 27, Township 9 North, Range 30 East of the Willamette Meridian, City of Pasco, Franklin County, Washington, by owners of more than two-thirds abutting the part of the right-of-way to be vacated per PMC Section 12.40.020; and WHEREAS, on May 16, 2022, pursuant to PMC Section 12.40.040, the City passed Resolution No. 4186 setting a public hearing for the proposed vacation; and WHEREAS, pursuant to the Pasco Municipal Code (PMC) Section 12.40.050, appropriate notice was given of the City’s intent to vacate public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on June 6, 2022; and WHEREAS, the vacation process provided in the PMC Chapter 12.40 requires a title report, an appraisal of value, and compensation unless waived by the City Council; and WHEREAS, pursuant to the PMC Section 12.40.120(2) the City Council may waive the requirement for a title report, an appraisal of value, and compensation if one or more of the Page 45 of 173 Ordinance – VAC 2022-003 Lewis Place LLC - 2 following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council has previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right-of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of- way to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirement for a title report, an appraisal of value, and compensation pursuant to the PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community will outweigh any appraisal value of the vacated right of way; and, WHEREAS, the City Council may approve a street vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right of way will not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, the City Council finds that the required criteria of PMC Section 12.40.070(1)-(4) have been met but that a ten-foot easement is necessary for City of Pasco public Right-of-Way; and, WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as depicted in “Exhibit A” be and the same is hereby vacated; Section 2. That a 10-foot easement be reserved for City of Pasco public roadway, as noted in “Exhibit B.” Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Section 5. That pursuant to the PMC Chapter 12.40, the City Council hereby waives the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Page 46 of 173 Ordinance – VAC 2022-003 Lewis Place LLC - 3 PASSED by the City Council of the City of Pasco, Washington this _____ day of __________ 2022. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: __________________________ Page 47 of 173 EXHIBIT APBS EngineeringandEnvironmental Inc.pbsusa.comDRAWN BY:CHECKED BY:SCALE:PROJECT NO.:DATE:SHEETOFROP/DWWADMN/A66380.00006/30/202212Page 48 of 173 56789EAST LEWIS PLACERIGHT OF WAY VACATION PORTION232728128 2722214123456789Scale 1" = 80'04080 160EXHIBIT BPBS EngineeringandEnvironmental Inc.pbsusa.comDRAWN BY:CHECKED BY:SCALE:PROJECT NO.:DATE:SHEETOFROP/DWWADM1" = 80'66380.00006/30/202222Page 49 of 173 E HELENA STELEWISSTEGEORGESTT I E R R AV I D A LN MANZANITALNHERITA G E B L V DNVENTURE RDHARVESTCTCANADA CTNAVERYAVEEALVINASTE ADELIASTESTRELLADRN PENNIE LNSEMILLA CTSPRUCESTLUNA DRW U S12T O PKRAMP FORTA LEZA D R EUS12TOPKRAMPVENTURE PLSCOMMERCIAL AVEUS 12 EN COMMERCIAL AVELEWISTO US12RAMPEUS 12 WE LEWIS PLLewisPlace LLCBenton County WA, Maxar, Microsoft--0 430 850 1,300 1,700210Feet0 430 850 1,300 1,700210FeetOverviewMapSITEItem: ROW Vacation - East Lewis PlaceApplicant: Steven Bauman c/o Lewis Place LLCFile #: VAC 2022-003Page 50 of 173 US 12 WUS 12 ELEWIS TO US 12 RAMP EE LEWIS PLLewisPlace LLCBenton County WA, Maxar, Microsoft--0 140 280 420 56070Feet0 140 280 420 56070FeetVicinityMapSITESITEItem: ROW Vacation - East Lewis PlaceApplicant: Steven Bauman c/o Lewis Place LLCFile #: VAC 2022-003Page 51 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Chaher Rezone RT to C-3 (Z 2022-003) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: June 8, 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, approving a rezone to Lots 2 & 3, Short Plat 99-22 from RT to C-3, and, further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On June 8, 2022, the the Hearing Examiner held a public hearing to consider a request to rezone property located east of Heritage Boulevard and north of East Lewis Street in Pasco, Washington from RT (Residential Transition) to C -3 (General Business). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone. No appeals of this recommendation have been received. Page 52 of 173 V. DISCUSSION: Applicant is seeking to rezone the property at 3004 E George Street from RT (Residential Transition) to C-3 (General Business) consistent with the Comprehensive Plan designation for the property. The previous owners of the subject property applied for a n identical rezone in 2018 (Z 2018-005) but withdrew their application between Planning Commission review and City Council action. Staff has invited the property owner to the north to participate in the rezone, as that property was part of the prior project. That property owner has agreed to be part of the rezone process. The current RT zoning designation does not lend itself well to development of the properties. Under the current Comprehensive Plan land use designation of Commercial - the properties could be zoned for “O”, C-1, C-3, CR, and BP zoning. As the requested C-3 Zone is consistent with the Comprehensive Plan, staff recommends approval of the proposed ordinance. Page 53 of 173 Ordinance – Rezone Z 2022-003 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED EAST OF HERITAGE BOULEVARD AND NORTH OF EAST LEWIS STREET, PASCO, WASHINGTON, FROM RT TO C-3. WHEREAS, Petitioners Vinod Kumar Chaher and 3012 E. George Street LLC c/o Joseph Rada, seek to rezone two parcels of land located east of Heritage Boulevard and north of East Lewis Street in Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on June 8, 2022; and WHEREAS, based upon substantial evidence and demonstration of the Petitioners that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development are adequately mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposed rezone is consistent with and satisfies all criteria set forth in PMC 25.210.030; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council and the Hearing Examiner Report is hereby incorporated by this referenc e as Exhibit A. Page 54 of 173 Ordinance – Rezone Z 2022-003 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT (Residential Transition) to C-3 (General Business) for the real property as shown in Exhibit B attached hereto and described as follows: Lots 2 & 3, Short Plat 99-22 Section 28, Township 9 North, Range 30 East, W.M. Records of Franklin County, WA (Parcels 113780104 and 113780113). Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of ________, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published _________________________ Page 55 of 173 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-003 Chaher THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 8, 2022, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: Lot 2, Short Plat 99-22 (Parcel #113780104). 1.2 General Location: 3004 East George Street. 1.3 Property Size: 4.77 acres (207,785.51 square feet) 1.4 Applicant: Vinod Kumar Chaher, 4623 Tamarisk Dr., Pasco WA 99301. 1.5 Request: RT (Residential Transition) to C-3 (General Commercial). 2.ACCESS: The site has access from East Lewis Street via an access easement (A very Drive; formerly Pasco Kahlotus Highway). 3.UTILITIES: The site is currently serviced by a well and on-site septic. Water is available via a 12" line roughly 400 feet to the west running along the Avery A venue centerline, and a 6" line approximately 600 feet to the south on East Lewis Street; there is an 8" sewer lineapproximately 1,000 feet to the southwest at the comer of Heritage Boulevard and East Lewis Street. 4.LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and contains one single family unit, a garage, and three outbuildings; a manufactured home was recently removed from the site. Surrounding properties are zoned and developed as follows: North: RT SFDU East: C-3 Vacant South: I-1/C-1 Industrial West: I-1 Industrial 5.COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone "0", C-1, C-2, C-3 CR and BP. Land Use Goal ED-2 encourages the appropriate location and design of commercial facilities within the City. ED- Z 2022 003 Chaher Page 1 of 5 Page 56 of 173 2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Dete1mination of Non-Significance or Mitigated Determination ofNon Significance is likely for this application (WAC 197-11-355). 7.REQUEST: Applicant is seeking to rezone the property at 3004 E George Street from RT (Residential Transition) to C-3 (General Business) consistent with the Comprehensive Plan designation for the property. 8.SITE: The current RT zoning designation does not lend itself well to either sales or development of the properties. Under the current Comprehensive Plan land use designation of commercial the properties could be zoned for "O", C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). 9.HISTORY: The site was originally annexed into the City in 1979 (Ordinance 2016) as part of what was called the "Columbia East Annexation Area," and assigned the Residential Transition zoning designation (Resolution 1202). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. 10.The Rada family owned the properties at the end of the old Kahlotus Highway (north of the 2700 block of E Lewis) for over 50 years. With the construction of the Lewis Street interchange 3 homes were moved. During that period Heritage Boulevard was realigned and some industrial uses have been developed to the west of the site. The property now contains one site-built single-family dwelling unit, a garage, and two outbuildings. One late-model manufactured home was recently removed from the site. 11.The site is currently accessed by a private road (Avery Avenue) which at one time was part of the old Pasco Kahlotus Highway. An undeveloped City of Pasco right-of-way is locatedalong the west border of the site, running south to East Lewis Street, and will need to bedeveloped prior to or in conjunction with any commercial development on the site 12.REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 12.1 The date the existing zone became effective: 12.1.1 The current zoning classification of RT (Residential Transition) became effective on 2 January, 1979, upon annexation into the City. 12.2 The changed conditions, which are alleged to warrant other or additional zoning: 12.2. l Heritage Boulevard has been upgraded and realigned, and some industrial uses have been developed to the west of the site. The site has been sold, and the new owner wishes to utilize the site for semi-truck storage. Rezoning the properties could facilitate development of the site. Z 2022 003 Chaher Page 2 of 5 Page 57 of 173 12.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 12.3. l The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will allow for development of commercial enterprises in the area, providing job opportunities for Pasco residents. The effect on the property owner or owners if the request is not granted: 12.4 The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: 12.4.1 A change in zoning classification may ultimately result in the establishment of commercial services consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities and landscaping in the area, thus improving the value of surrounding properties on Lewis Street. 12.5 The effect on the property owner or owners if the request is not granted: 12.5.l Because the RT zoning permits single family homes on a minimum of 5 acres for development, and the property comprises approximately 4.7 acres, any current residential uses are by default legally nonconforming. The property owner will be severely limited by the constraints of the RT zoning designation in his ability to either develop or to sell the property. 13.Applicant wishes to rezone the property at 3004 E George Street from RT to C-3. 14.Applicant wishes to utilize the site for semi-truck storage. 15.The current Comprehensive Plan land use designation is Commercial 16.The Commercial land use designation allows for "O", C-1, C-2, C-3, CR, and BP zoning. 17.The property comprises approximately 4.7 acres. 18.The site was annexed into the City in 1979. 19.The site was assigned RT zoning in 1979 in conjunction with annexation. 20.Heritage Boulevard has been realigned. 21.Industrial uses have been developed to the west of the site. 22.The property contains one site-built single-family dwelling unit, a garage, and two outbuildings. 23.The site is currently accessed by A very A venue, a private road. 24.Avery Avenue was formerly part of the Pasco Kahlotus Highway. 25.An undeveloped north-south City of Pasco right-of-way is located along the west border. 26.The undeveloped north-south City of Pasco right-of-way runs south to East Lewis Street. 27.The undeveloped north-south City of Pasco right-of-way will need to be developed prior to or in conjunction with any commercial development on the site. 28.The changed conditions, which are alleged to warrant other or additional zoning: 29.The proposed zoning request is consistent with the Comprehensive Plan. Z 2022 003 Chaher Page 3 of 5 Page 58 of 173 30.The Comprehensive Plan has been determined to be in the best interest of advanc.ing public health, safety, and general welfare of the community. 31.Any development will require developers to install/upgrade street, utilities and landscaping in the area. 32.The RT zoning permits single family homes on a minimum of 5 acres for development. 33.Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on May 24, 2022. 34.An open record public hearing after due legal notice was held June 8, 2022 via videoconference. 35.The Applicant clid not testify. 36.No member of the public testified at the hearing. 37.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 38.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact from which to draw those conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy LU-4-A, which recommends the City "Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability." The sites are within 1,000 feet of the intersection of two arterial streets; Heritage Boulevard, a major truck route, and East Lewis Street. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 The immediate area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C-3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. The current structures are legally nonconforming and will remain that way regardless of whether the zoning remains RT or changes to C-3. 3.There is merit and value in the proposal for the community as a whole. 3.1 The proposed zoning is consistent with the Plan's Land Use Map. The sites are located within 1,000 feet of a major truck route (Heritage Boulevard); Comprehensive Plan Policy LU-4-A requires the City to "Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure Z 2022 003 Chaher Page 4 of 5 Page 59 of 173 availability." The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5.A Concomitant Agreement should be entered into between the City and the petitioner, and ifso, the terms and conditions of such an agreement. 5 .1 A concomitant agreement is not considered necessary for this application. 6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ill. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL that Lot 2, Short Plat 99-22 (Parcel #113780104) located at 3004 East George Street be rezoned from RT (Residential Transition) to C-3 (General Commercial). Dated this ___l;,Jay of June, 2022. Z 2022 003 Chaher Page 5 of 5 Page 60 of 173 NC OMMERCIAL AVEE LEWIS PLE GEORGE STNAVERY AVEUS 12 WUS 12 EELEWISST//"Exhibit B"0 210 420 630 840110FeetC-3Item: Rezone - RT to C-3Applicants: Vinod ChaherFile #: Z 2022-003Page 61 of 173 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers Wednesday 8 June 2022 6:00 PM 1 MASTER FILE #: Z 2022-003 APPLICANT: Vinod Kumar Chaher 4623 Tamarisk Dr Pasco WA 99301 REQUEST: REZONE: RT (Residential Transition) to C-3 (General Commercial) BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lots 2 & 3, Short Plat 99-22 (Parcels 113780104 and 113780113). General Location: 3004 and 3012 E George Street Property Size: 7.43 acres 2. ACCESS: The site has access from East Lewis Street via an access easement (Avery Drive; formerly Pasco Kahlotus Highway). 3. UTILITIES: The site is currently serviced by a well and on-site septic. Water is available via a 12” line roughly 400 feet to the west running along the Avery Avenue centerline, and a 6” line approximately 600 feet to the south on East Lewis Street; there is an 8” sewer line approximately 1,000 feet to the southwest at the corner of Heritage Boulevard and East Lewis Street. 4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and contains one single family unit, a garage, and three outbuildings; a manufactured home was recently removed from the site. Surrounding properties are zoned and developed as follows: North: N/A US Highway 12 East: C-3 Vacant South: I-1/C-1 Industrial West: I-1 Industrial 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone “O”, C-1, C-2, C-3 CR and BP. Land Use Goal ED-2 encourages the appropriate location and design of commercial facilities within the City. ED-2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued on 30 August 2018 for an identical rezone request on this property under WAC 197-11-158. Page 62 of 173 2 ANALYSIS Proposal Applicant is seeking to rezone the property at 3004 E George Street from RT (Residential Transition) to C-3 (General Business) consistent with the Comprehensive Plan designation for the property. The previous owners of the subject property applied for an identical rezone in 2018 (Z 2018-005) but withdrew their application between Planning Commission review and City Council action. Staff has invited the property owner to the north to participate in the rezone, as that property was part of the prior project. That property owner has agreed to be part of the annexation. The current RT zoning designation does not lend itself well to either sales or development of the properties. Under the current Comprehensive Plan land use designation of commercial the properties could be zoned for “O”, C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). The site was originally annexed into the City in 1979 (Ordinance 2016) as part of what was called the “Columbia East Annexation Area,” and assigned the Residential Transition zoning designation (Resolution 1202). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. The Rada family owned the properties at the end of the old Kahlotus Highway (north of the 2700 block of E Lewis) for over 50 years. At one time 6 homes were located on the properties. With the construction of the Lewis Street interchange 3 of the homes were moved. During that period Heritage Boulevard was realigned and some industrial uses have been developed to the west of the site. The south property now contains one site-built single-family dwelling unit and a garage/shop structure; one later model manufactured home was recently removed from the site. The north property contains a manufactured home and several commercial/industrial outbuildings. The sites are currently accessed by a private road (Avery Avenue) which at one time was part of the old Pasco Kahlotus Highway. An undeveloped City of Pasco right-of-way is located along the west border of the two parcels, running south to East Lewis Street, and will need to be developed prior to or in conjunction with any commercial development on the site. This site is located within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). The existing residences may be served by a private domestic water well. This domestic water well, along with any other domestic water wells on the property should be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping) should be sourced from the City of Pasco. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1) The date the existing zone became effective: The current zoning classification of RT (Residential Transition) became effective on 2 January, 1979, upon annexation into the City. 2) The changed conditions, which are alleged to warrant other or additional zoning: Heritage Boulevard has been upgraded and realigned, and some industrial uses have been developed to the west of the site. The site has been sold, and the new owner wishes to utilize the site for semi- truck storage; rezoning the properties could facilitate development of the site. 3) Facts to justify the change on the basis of advancing the public health, safety and general welfare: Page 63 of 173 3 The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will allow for development of commercial enterprises in the area, providing job opportunities for Pasco residents. 4) The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: A change in zoning classification may ultimately result in the establishment of commercial services consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities and landscaping in the area, thus improving the value of surrounding properties on Lewis Street. 5) The effect on the property owner or owners if the request is not granted: Because the RT zoning permits single family homes on a minimum of 5 acres for development, and the properties comprise approximately 4.7 acres and 2.66 acres each, any current residential uses are by default legally nonconforming. The property owners will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the properties.. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on 24 May 2022. 2. Applicant wishes to rezone the property at 3004 E George Street from RT to C-3. 3. Applicant wishes to utilize the site for semi-truck storage. 4. The current Comprehensive Plan land use designation is Commercial 5. The Commercial land use designation allows for “O”, C-1, C-2, C-3, CR, and BP zoning. 6. The properties comprises approximately 7.43 acres. 7. The site was annexed into the City in 1979. 8. The site was assigned RT zoning in 1979 in conjunction with annexation. 9. Heritage Boulevard has been realigned. 10. Industrial uses have been developed to the west of the site. 11. The south property now contains one site-built single-family dwelling unit and a garage/shop structure. 12. The north property contains a manufactured home and several commercial/industrial outbuildings.. 13. The site is currently accessed by Avery Avenue, a private road. 14. Avery Avenue was formerly part of the Pasco Kahlotus Highway. 15. An undeveloped north-south City of Pasco right-of-way is located along the west border. 16. The undeveloped north-south City of Pasco right-of-way runs south to East Lewis Street. 17. The undeveloped north-south City of Pasco right-of-way will need to be developed prior to or in Page 64 of 173 4 conjunction with any commercial development on the site. 18. The proposed zoning request is consistent with the Comprehensive Plan. 19. The Comprehensive Plan has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. 20. Any development will require developers to install/upgrade street, utilities and landscaping in the area. 21. The RT zoning permits single family homes on a minimum of 5 acres for development. 22. This site is located within the Pasco Landfill Groundwater Protection Area. 23. The existing residences may be served by a private domestic water well. 24. Because of the Pasco Landfill Groundwater Protection Area any domestic water wells on the property should be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping) should be sourced from the City of Pasco. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1) The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy LU-4-A, which recommends the City “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability.” The sites are within 1,000 feet of the intersection of two arterial streets; Heritage Boulevard, a major truck route, and East Lewis Street. 2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C-3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. The current structures are legally nonconforming and will remain that way regardless of whether the zoning remains RT or changes to C-3. 3) There is merit and value in the proposal for the community as a whole. The proposed zoning is consistent with the Plan’s Land Use Map. The sites are located within 1,000 feet of a major truck route (Heritage Boulevard); Comprehensive Plan Policy LU-4-A requires the City to “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability.” The proposal is supported by Page 65 of 173 5 land use goals and policies contained in the Comprehensive Plan. 4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5) A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is not considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions that Lots 2 & 3, Short Plat 99-22 (Parcels 113780104 and 113780113) located at 3004 and 3012 E George Street be rezoned from RT (Residential Transition) to C-3 (General Commercial). Page 66 of 173 E LEWIS ST E A ST P A S CO KAHLOTU S R D N VENTURERDN CEDAR AVEE BROADWAY ST N OREGON AVES WEHE AVEU S 1 2 E NCOMMERCIAL AVE S OREGON AVEHERITA GEBLVDU S 1 2 W U S 1 2 E /Overview Map 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet SITE Item: Rezone - RT to C-3 Applicants: Vinod Chaher File #: Z 2022-003 Page 67 of 173 N C O M M E R CI A L A V E E LEWIS PL E GEORGE ST N AVERYAVEU S 1 2 W U S 1 2 EE LEWISST/Vicinity Map 0 210 420 630 840110 Feet 0 210 420 630 840110 Feet SITE Item: Rezone - RT to C-3 Applicants: Vinod Chaher File #: Z 2022-003 Page 68 of 173 SFDUs SFDUs SFDUs SFDUs SFDUs 2-4 Units SFDU other Lumber Processing Industrial Commercial Auto Commercial Auto Commercial Commercial Repair Commercial Repair Commercial Repair Commercial Repair Commercial Repair Food Processing Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant N C O M M E R CI A L A V E E LEWIS PL E GEORGE ST N AVERYAVEU S 1 2 W U S 1 2 EE LEWISST/Land Use Map 0 210 420 630 840110 Feet SITE Item: Rezone - RT to C-3 Applicants: Vinod Chaher File #: Z 2022-003 Page 69 of 173 C-1 C-1 C-1 I-1 I-1 I-1 R-2 RT R-1-A C-3 N C O M M E R CI A L A V E E LEWIS PL E GEORGE ST N AVERYAVEU S 1 2 W U S 1 2 EE LEWISST/Zoning Map 0 210 420 630 840110 Feet SITE Item: Rezone - RT to C-3 Applicants: Vinod Chaher File #: Z 2022-003 Page 70 of 173 Low Density Residential Commercial Commercial IndustrialN C O M M E R CI A L A V E E LEWIS PL E GEORGE ST N AVERYAVEU S 1 2 W U S 1 2 EE LEWISST/Comp Plan Map 0 210 420 630 840110 Feet SITE Item: Rezone - RT to C-3 Applicants: Vinod Chaher File #: Z 2022-003 Page 71 of 173 N C O M M E R CI A L A V E E LEWIS PL E GEORGE ST N AVERYAVEU S 1 2 W U S 1 2 EE LEWISST/"Exhibit A" 0 210 420 630 840110 Feet C-3 Item: Rezone - RT to C-3 Applicants: Vinod Chaher File #: Z 2022-003 Page 72 of 173 ., I ' � Page 73 of 173 Looking North Page 74 of 173 Looking Northeast Page 75 of 173 Looking East Page 76 of 173 Looking Southeast Page 77 of 173 Looking South Page 78 of 173 Looking Southwest Page 79 of 173 Looking West Page 80 of 173 Looking Northwest Page 81 of 173 Site Page 82 of 173 Affidavit of Mailing In regards to MF# 22022-003 I, Carmen Patrick, hereby confirm that notification was sent by mail on May 23, 2022 , to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 23 rd day, May of 2022 . Page 83 of 173 f Cityof Iii Pasco Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: Vinod Kumar Chaher has submitted a rezone application (Z 2022-003) from RT (Residential Transition) to C-3 (General Business) for Lot 2, Short Plat 99-22 , Section 28, Township 9 North, Range 30 East , W.M. records of Franklin County, Washington (Parcel 113780104). Said property is situated east of Heritage Boulevard and north of East Lewis Street in Pasco, WA . The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 8 June 2022. Only comments received by the referenced date will be included in the hearing examiner packet . If you have questions on the proposal, contact the Planning Division at (509) 545 -3441 or via e-mail to: adamsj@pasco-wa .gov . Open Record Hearing: The Hearing Examiner will conduct an open record hearing at 6:00 p.m . on 8 June 2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above application at this meeting . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Recommendation : It is estimated that the Hearing Examiner will make a recommendation to City Council on the rezone within ten (10) business days of the public hearing. Prepared 23 May 2022 by : Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco , WA 99301 (509) 545 - 3441 Page 84 of 173 Map _pplicants: Vinod Ch - File #: Z 2022-003 aher N Vicini tern: • ezon -• _ .. -~.-,..,·~,u;;,.-.-.· -~-.... -. . ••-'-,__::<:: .. ___ ...,.,..: Page 85 of 173 2707 E LEWIS STREET, 2707 E LEWIS ST PASCO, WA 99301 3012 E GEORGE STREET LLC 440 MERRY LN BURBANK , WA99323 BRO ET JE ORCHARDS , LLC 716 W SUNSET DR BURBANK , WA 99323 GLEN & CAROL KNOPP PO BOX 52 70 MOSES LAKE , WA 98837 JOHN R RADA 2501 E LEWIS PL PASCO, WA99301 VINOD K & ANU BALA CHAHER 3004 E GEORGE ST PASCO, WA 99301 Page 86 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Broetje Orchards Rezone RT to R-1 (Z 2022-004) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: June 8, 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, approving a rezone to Block 5, Washington Addition to Pasco from RT to R-1, and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On June 8, 2022, the the Hearing Examiner held a public hearing to consider a request to rezone property located south of East Helena Street between South Road 30 East and Rama Court in Pasco, Washington from RT (Residential Transition) to R-1 (Low-Density Residential). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone. No appeals of this recommendation have been received. Page 87 of 173 V. DISCUSSION: Applicant is seeking to rezone the property south of East Helena Street between South Road 30 East and Rama Court from RT (Residential Transition) to R -1 (Low-Density Residential) consistent with the Comprehensive Plan designation for the property. The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco. The site was annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is typically used as a holding zone for a reas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan - as is the case with this rezone request. Staff recommends approval of the proposed ordinance. Page 88 of 173 Ordinance – Rezone Z 2022-004 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED SOUTH OF EAST HELENA STREET BETWEEN SOUTH ROAD 30 EAST AND RAMA COURT, PASCO, WASHINGTON, FROM RT TO R-1. WHEREAS, Petitioner Adan Suarez, on behalf of Broetje Orchards/Jubilee Foundation, seeks to rezone a parcel of land located south of East Helena Street between South Road 30 East and Rama Court in Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on June 8, 2022; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development are adequately mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposed rezone is consistent with and satisfies all criteria set forth in PMC Section 25.210.030; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council and the Hearing Examiner Report is hereby incorporated by this reference as Exhibit A. Page 89 of 173 Ordinance – Rezone Z 2022-004 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT (Residential Transition) to R-1 (Low-Density Residential) for the real property as shown in Exhibit B attached hereto and described as follows: Block 5, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M. records of Franklin County, Washington (Parcel No. 113881024) Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of ________, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published _________________________ Page 90 of 173 CITY OF PASCO BEARING EXAMINER IN THE MATTER OF ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2022-004 Broetje Orchards, LLC TIUS MATTER having come on for bearing in front of the City of Pasco Hearing Examiner on June 8, 2022, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: Block 5, Washington Addition to Pasco (Parcel 113881024). 1.2 General Location: South of East Helena Street between South Road 30 East and Rama Court. 1.3 Property Size: 2.17 acres (94,340.69 square feet) 1.4 Applicant: Broetje Orchards LLC c/o Adan Suarez, 3713 East A Street, Pasco WA 99301. 1.5 Request: RT (Residential Transition) to R-1 (Low-Density Residential) 2.ACCESS: The site has access from East Helena Street. 3.UTILITIES: Water and sewer are available in East Helena Street. 4.LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and is vacant. Surrounding properties are zoned and developed as follows: North: R-1 SFDUs (Under Development) East: R-1 SFDUsNacant South: RT Vacant/SFDU West: RT/R-1 Vacant 5.COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density Residential uses. Those portions of the community designated for Low-Density Residential development by the Comprehensive Plan could be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2. The proposal supports the following Comprehensive plan goals: 5.1 Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live. 5.2 Land Use Goal LU-4: Increase community accessibility through proper land use planning. Z 2022 004 Broetje Orchards, LLC Page 1 of 6 Page 91 of 173 5.3 Land Use Goal LU-5: Maintain a broad range ofresidential land use designations to accommodate a variety of lifestyles and housing opportunities. 5.4 Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA. 5.5 Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 5.6 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 5.7 Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value. 5.8 Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Si gnificance (DNS) was issued on June 1, 2022 for this project under WAC 197-11-158. 7.REQUEST: Applicant is seeking to rezone the property south of East Helena Street between South Road 30 East and Rama Court from RT (Residential Transition) to R-1 (Low-Density Residential) consistent with the Comprehensive Plan designation for the property. The current RT zoning designation does not lend itself well to either sales or development of the properties. Under the current Comprehensive Plan land use design ation of Low-Density Residential the properties could be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-l-A2. 8.HISTORY: The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco, then de-annexed in 1921 (Ordinance 319) and subsequently (re)annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan. 9.Rights-of-way were dedicated in conjunction with the original 1913 Washington Addition to Pasco plat for both East Helena Street, located along the north property line of Block 5, and South Sprague Avenue, which runs along the west side of block 5. East Helena Street has been recently improved in conjunction with the Empire Estates subdivision to the north. South Sprague Avenue will need to connect East Helena to East "A" Street in conjunction with any future development. 10.This site lies within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). Any domestic water wells on the property must be decommissioned in accordance with WAC 173-160; all future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. 11.REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 11.1 The date the existing zone became effective: Z 2022 004 Broetje Orchards, LLC Page 2 of 6 Page 92 of 173 11.1.1 The current zoning classification of RT (Residential Transition) became effective on July 23, 1994, upon annexation into the City. 11.2 The changed conditions, which are alleged to warrant other or additional zoning: 11.2.1 Both low-and high-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; two new 1-million square-foot Amazon fulfillment center buildings are currently under construction nearby, as well as other sizable industrial developments; c;;onsidering the new industries coming to the area there is an increased need for affordable housing (both rental and home ownership) in Pasco. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 12.3.1 The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will allow for development of Low-Density Residential uses in the area, providing housing opportunities for Pasco residents. 11 .4 The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: 11.4.1 A change in zoning classification may ultimately result in the development of Low-Density Residential housing consistent with the Comprehensive Plan. Any development will require developers to instaJl/upgrade street, utilities, and landscaping in the area, thus improving the value of surrounding properties. 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 Because the RT zoning only permits a single family home on a minimum of 5 acres for development, and the property comprises approximately 2.1 7 acres, any proposed residential uses would be prohibited. Applicants will be severely limited by the constraints of the RT zoning desi gn ation in their ability to either develop or to sell the property. 12.Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on May 24, 2022. 13. Applicant wishes to rezone the property south of East Helena Street between South Road 3 0 East and Rama Court from RT to R-1. 14.The site is Block 5 of the 1913 Washington Addition to Pasco plat. 15.The site was annexed into the City and assigned RT zoning in 1994 in conjunction with annexation. 16.The site comprises approximately 2.17 acres. 17.The site is vacant. 18.The current Comprehensive Plan land use designation is Low-Density Residential 19.The Low-Density Residential land use designation allows for R-S-20, R-S-12, R-S-1, R-1, R I-A, and R-l-A2 zoning. Z 2022 004 Broetje Orchards, LLC Page 3 of 6 Page 93 of 173 20.Both low-and high-density residential uses have been developed to the east of the site. 21.Rights-of-way were dedicated for both East Helena Street, and South Sprague A venue. 22.East Helena Street has been recently improved in conjunction with the Empire Estates subdivision to the north. 23.The South Sprague Avenue right-of-way runs along the west side of block 5. 24.South Sprague Avenue will need to connect East Helena to East "A Street in conjunction with any future development. 25.The proposed zoning request is consistent with the Comprehensive Plan. 26.The Comprehensive Plan has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. 27.Any development will require developers to install/upgrade street, utilities and landscaping in the area. 28.The RT zoning permits single family homes on a minimum of 5 acres for development. 29.The site lies within the Pasco Landfill Groundwater Protection Area 30.Any domestic water wells on the property must be decommissioned in accordance with WAC 173-160 31.A II future water use on the property ( domestic and landscaping) must be sourced from the City of Pasco. 32.An open record public hearing after due legal notice was held June 8, 2022 via videoconference. 33.Appearing and testifying on behalf of the applicant was Adan Suarez. Mr. Suarez stated he is the agent for the property owner and Applicant. He testified that he agreed with all representations in the staff report. 34.No member of the public testified at the hearing. 35.The staff report, application materials, agency comments and the entire file of record were admitted into the record. 36.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact from which to draw those conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 The proposal supports the following Comprehensive plan goals: Land Use Goal LU- 3: Maintain established neighborhoods and ensure new neighborhoods are safe and Z 2022 004 Broetje Orchards, LLC Page 4 of6 Page 94 of 173 enjoyable places to live; Land Use Goal LU-4: Increase community accessibility through proper land use planning; Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA; Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals; Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Goal H-3: Encourage housing design and construction that ensmes long term sustainability and value; Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental.2.1 Both low-and high-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; the immediate area is shown in the Comprehensive Plan for Low-Density Residential zoning. Low-Density Residential zoning permits the R-1 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to futlffe nearby developments that will need to conform to the provision of the plans. 3.There is merit and value in the proposal for the community as a whole.3.1 The proposed zoning is consistent with the Plan's Land Use Map. Land Use Goal LU-3 requires the City to maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4 directs the city to increase community accessibility through proper land use planning; Land Use Goal LU-5 requires the City to maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A suggests the city allow a variety of residential densities throughout the UGA; Housing Goal H-1 directs the City to encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Goal H-3 requires the city to encourage housing desi gn and construction that ensures long term sustainability and value; Housing Goal H-4 tells the city to support efforts to provide affordable housing to meet the needs of the community. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4.Conditions should be imposed in order to mitigate any significant adverse impacts from theproposal.4.1 The Pasco Municipal Code includes design standards for Low-Density Residentialdevelopment. If or when applicants pursue the development of these properties, theywill be required to conform to design standards established by the PMC. No specialconditions are proposed.5.A Concomitant Agreement should be entered into between the City and the petitioner, and ifso, the terms and conditions of such an agreement.5 .1 A concomitant agreement is not considered necessary for th is application. Z 2022 004 Broetje Orchards, LLC Page 5 of 6 Page 95 of 173 6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ID. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL that Block 5, Washington Addition to Pasco (Parcel 113881024) located at south of East Helena Street between South Road 30 East and Rama Court be rezoned from RT (Residential Transition) to R-1 (Low-Density Residential). Dated this J..3day of June, 2022. Z 2022 004 Broetje Orchards, LLC Page 6 of 6 Page 96 of 173 Tierra VidaLnFiesta CtCereza CtHarvest CtE Helena StE Helena StE A StRama CtPaz CtEstrella DrManzanita LnSprague AveS Road 30 EastMissoula StCaridad CtSemilla CtHeritag e Bl v d Blaine St//0 210 420 630 840110Feet"Exhibit B"R-1Item: Rezone - Broetje Orchards RT to R-1Applicants: Adan Suarez c/o Broetje Orchards/Jubilee FoundationFile #: Z 2022-004Page 97 of 173 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers Wednesday 8 June 2022 6:00 PM 1 MASTER FILE #: Z 2022-004 APPLICANT: Broetje Orchards LLC c/o Adan Suarez 3713 East A Street Pasco WA 99301 REQUEST: REZONE: RT (Residential Transition) to R-1 (Low-Density Residential) BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Block 5, Washington Addition to Pasco (Parcel 113881024). General Location: South of East Helena Street between South Road 30 East and Rama Court. Property Size: 2.17 acres (94,340.69 square feet) 2. ACCESS: The site has access from East Helena Street. 3. UTILITIES: Water and sewer are available in East Helena Street. 4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and is vacant. Surrounding properties are zoned and developed as follows: North: R-1 SFDUs (Under Development) East: R-1 SFDUs/Vacant South: RT Vacant/SFDU West: RT/R-1 Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Low-Density Residential uses. Those portions of the community designated for Low-Density Residential development by the Comprehensive Plan could be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2. The proposal supports the following Comprehensive plan goals: Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live. Land Use Goal LU-4: Increase community accessibility through proper land use planning. Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities. Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA. Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city’s overall development goals. Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market. Page 98 of 173 2 Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value. Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued on June 1, 2022 for this project under WAC 197-11-158. ANALYSIS Proposal Applicant is seeking to rezone the property south of East Helena Street between South Road 30 East and Rama Court from RT (Residential Transition) to R-1 (Low-Density Residential) consistent with the Comprehensive Plan designation for the property. The current RT zoning designation does not lend itself well to either sales or development of the properties. Under the current Comprehensive Plan land use designation of Low-Density Residential the properties could be zoned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2. History The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco, then de- annexed in 1921 (Ordinance 319) and subsequently (re)annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan. Rights-of-way were dedicated in conjunction with the original 1913 Washington Addition to Pasco plat for both East Helena Street, located along the north property line of Block 5, and South Sprague Avenue, which runs along the west side of block 5. East Helena Street has been recently improved in conjunction with the Empire Estates subdivision to the north. South Sprague Avenue will need to connect East Helena to East “A Street in conjunction with any future development. This site lies within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). Any domestic water wells on the property must be decommissioned in accordance with WAC 173-160; all future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1) The date the existing zone became effective: The current zoning classification of RT (Residential Transition) became effective on 23 July 1994, upon annexation into the City. 2) The changed conditions, which are alleged to warrant other or additional zoning: Page 99 of 173 3 Both low- and high-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; two new 1-million-square-foot Amazon fulfillment center buildings are currently under construction nearby, as well as other sizable industrial developments; considering the new industries coming to the area there is an increased need for affordable housing (both rental and home ownership) in Pasco. 3) Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. The rezone will allow for development of Low-Density Residential uses in the area, providing housing opportunities for Pasco residents. 4) The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: A change in zoning classification may ultimately result in the development of Low-Density Residential housing consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities, and landscaping in the area, thus improving the value of surrounding properties. 5) The effect on the property owner or owners if the request is not granted: Because the RT zoning only permits a single family home on a minimum of 5 acres for development, and the property comprises approximately 2.17 acres, any proposed residential uses would be prohibited. Applicants will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the property. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on 24 May 2022. 2. Applicant wishes to rezone the property south of East Helena Street between South Road 30 East and Rama Court from RT to R-1. 3. The site is Block 5 of the 1913 Washington Addition to Pasco plat. 4. The site was annexed into the City and assigned RT zoning in 1994 in conjunction with annexation. 5. The site comprises approximately 2.17 acres. 6. The site is vacant. 7. The current Comprehensive Plan land use designation is Low-Density Residential 8. The Low-Density Residential land use designation allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R- 1-A2 zoning. 9. Both low- and high-density residential uses have been developed to the east of the site. 10. Rights-of-way were dedicated for both East Helena Street, and South Sprague Avenue. 11. East Helena Street has been recently improved in conjunction with the Empire Estates subdivision to the north. Page 100 of 173 4 12. The South Sprague Avenue right-of-way runs along the west side of block 5. 13. South Sprague Avenue will need to connect East Helena to East “A Street in conjunction with any future development. 14. The proposed zoning request is consistent with the Comprehensive Plan. 15. The Comprehensive Plan has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. 16. Any development will require developers to install/upgrade street, utilities and landscaping in the area. 17. The RT zoning permits single family homes on a minimum of 5 acres for development. 18. The site lies within the Pasco Landfill Groundwater Protection Area 19. Any domestic water wells on the property must be decommissioned in accordance with WAC 173- 160 20. All future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1) The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal supports the following Comprehensive plan goals: Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4: Increase community accessibility through proper land use planning; Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA; Land Use Goal LU- 6: Encourage distinctive quality community and regional commercial and industrial developments that support the city’s overall development goals; Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market; Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Both low- and high-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; the immediate area is shown in the Comprehensive Plan for Low-Density Residential zoning. Low-Density Residential zoning permits the R-1 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that Page 101 of 173 5 will need to conform to the provision of the plans. 3) There is merit and value in the proposal for the community as a whole. The proposed zoning is consistent with the Plan’s Land Use Map. Land Use Goal LU-3 requires the City to maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4 directs the city to increase community accessibility through proper land use planning; Land Use Goal LU-5 requires the City to maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A suggests the city allow a variety of residential densities throughout the UGA; Housing Goal H-1 directs the City to encourage housing for all economic segments of the city’s population consistent with the local and regional market; Housing Goal H-3 requires the city to encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4 tells the city to support efforts to provide affordable housing to meet the needs of the community. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for Low-Density Residential development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5) A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is not considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions that Block 5, Washington Addition to Pasco (Parcel 113881024) located at south of East Helena Street between South Road 30 East and Rama Court. be rezoned from RT (Residential Transition) to R-1 (Low-Density Residential). Page 102 of 173 COLUMBIA RIVER COLUMBIA RIVER E LEWIS ST E A STW A ST P ASCO KAH L O T U SRD N VENTURERDU S 1 2 EN CEDAR AVEEAINSWORTHAVE W L E W I S S T E BROADWAY ST SOREGONAVEN 1ST AVEN OREGON AVESMAITLANDAVES WEHE AVEE DO C K S T N COMM E RCIALAVEHERI TAGEBLVDU S 1 2 WWUS12TO P K R A M P LEWIS TOUS12 R A M P E / 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Overview Map SITESITE Item: Rezone - Broetje Orchards RT to R-1 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-004 Page 103 of 173 TIERRA VIDA Ln FI E S T A C tCEREZA CtHARVEST CtE HELENA St E HELENA St E A St Rama CtPAZ Ct ESTRELLA DrMANZANITALnSprague AveS Road 30 EastMISSOULA StCARIDAD CtSEMILLA Ct HERI TAGEBl vdBlaine St / 0 210 420 630 840110 Feet 0 210 420 630 840110 Feet Vicinity Map SITESITE Item: Rezone - Broetje Orchards RT to R-1 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-004 Page 104 of 173 SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Multiunits Multiunits Industrial Misc Commercial Repair Vacant Vacant VacantVacant VacantVacant Vacant VacantVacantVacant VacantVacantVacant VacantVacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant T I E R R A VID ALn FI E S T A C tCEREZA CtHARVEST CtE HELENA St E HELENA St E A St Rama CtPAZ Ct ESTRELLA DrMANZANITALnSprague AveS Road 30 EastMISSOULA StCARIDAD CtSEMILLA Ct HERI TAGEBl vdBlaine St / 0 210 420 630 840110 Feet Land Use Map SITE Item: Rezone - Broetje Orchards RT to R-1 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-004 Page 105 of 173 C-3 R-1 R-1 R-1 R-1-A R-3 R-3 RT R-1 RT R-1-A C-1 C-3 RT I-1 TIERRA VIDA Ln FI E S T A C tCEREZA CtHARVEST CtE HELENA St E HELENA St E A St Rama CtPAZ Ct ESTRELLA DrMANZANITALnSprague AveS Road 30 EastMISSOULA StCARIDAD CtSEMILLA Ct HERI TAGEBl vdBlaine St / 0 210 420 630 840110 Feet Zoning Map SITE Item: Rezone - Broetje Orchards RT to R-1 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-004 Page 106 of 173 Medium Density Residential Mixed Residential Commercial Mixed Residential Commercial Mixed Residential Commercial Open Space Parks Low Density Residential Commercial Commercial Industrial TIERRA VIDA Ln FI E S T A C tCEREZA CtHARVEST CtE HELENA St E HELENA St E A St Rama CtPAZ Ct ESTRELLA DrMANZANITALnSprague AveS Road 30 EastMISSOULA StCARIDAD CtSEMILLA Ct HERI TAGEBl vdBlaine St / 0 210 420 630 840110 Feet Comp Plan Map SITE Item: Rezone - Broetje Orchards RT to R-1 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-004 Page 107 of 173 Page 108 of 173 Looking North Page 109 of 173 Looking Northeast Page 110 of 173 Looking East Page 111 of 173 Looking Southeast Page 112 of 173 Looking South Page 113 of 173 Looking Southwest Page 114 of 173 Looking West Page 115 of 173 Looking Northwest Page 116 of 173 .,. Affidavit of Mailing In regards to MF# Z2022-004 I, Carmen Patrick, hereby confirm that notification was sent by mail on May 23, 2022, to the owners of the parcels within 300 feet of the proposed site . The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 23 rd day, May of 2022. ~~~~tiu Representative's Signature Page 117 of 173 Community Development Department PO Box 293 , 525 N 3 rd Ave, Pasco, WA 99301 P: 509 .545.3441 / F: 509 .545 .3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: Adan Suarez, on behalf of Broetje Orchards/Jubilee Foundation has submitted a rezone application (Z 2022-004) from RT (Residential Transition) to R-1 (Low-Density Residential) for Block 5, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M. records of Franklin County, Washington (Parcel 113881024). Said property is situated south of East Helena Street between South Road 30 East and Rama Court in Pasco, WA . The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 8June2022. Only comments received by the referenced date will be included in the hearing examiner packet . If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: adamsj@pasco-wa .gov . Open Record Hearing: The Hearing Examiner will conduct an open record hearing at 6:00 p.m . on 8 June 2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Recommendation: It is estimated that the Hearing Examiner will make a recommendation to City Council on the rezone within ten (10) business days of the public hearing. Prepared 23 May 2022 by : Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545- 3441 Page 118 of 173 Vicinity Map Item: Rezone -Broetje Orchards RT to R-1 N Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundatiow+E File #: Z 2022-004 s Page 119 of 173 BRO ET JE ORCHARDS , LLC 716 W SUNSET DR BURBANK , WA99323 EDNA D EVANS 7 30 S DOUGLAS AVE PASCO, WA 99301 ELPIDIO & MARIA GARCIA 3716 ROBERTA RD PASCO, WA99301 EMPIRE BROS CONSTRUCTION LLC PO BOX 5494 KENNEWICK, WA 9933 7 EMPIRE BROS CONSTRUCTION , LLC 204105 E SCHUSTER RD KENNEWICK , WA99337 EUSTOLIA T GONZALEZ (ETAL) 4112 W MARGARET ST PASCO, WA99301 FIDEL R GUTIERREZ 3210 PAZ CT PASCO, W A 99301 JOSE & SILVIA DUARTE 313 WELLSIAN WAY RICHLAND , WA99352 JOSE GONZALEZ ALMARAZ (ETAL) 73 65 N GLADE RD PASCO, WA99301 JUAN & MARIA MONTALVO 27 00 EA ST PASCO, WA99301 JUBILEE FOUNDATION 37 13 EA ST PASCO, WA 9930 1 MARTIN & MARCELINE RAZO 313 WELLSIAN WAY RICHLAND , WA 99352 PEDRO & ELIZABETH LLAMAS 313 WELLSIAN WAY RICHLAND , WA 99352 RAFAEL (ETUX ) CLARO 313 WELLSIAN WAY RICHLAND , WA 99 352 Page 120 of 173 ' . ROSA M ORTEGA (ETVIR ) 32 05 PAZ CT PASCO, WA99301 Page 121 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Jubilee Foundation Rezone RT to R-4 (Z 2022-005) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: June 8, 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, approving a rezone to Blocks 11 & 12, Washington Addition to Pasco from RT to R-4, and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: On June 8, 2022, the the Hearing Examiner held a public hearing to consider a request to rezone property located North of East “A” Street approximately 650 feet east of Heritage Boulevard in Pasco, Washington from RT (Residential Transition) to R-4 (High-Density Residential). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone. No appeals of this recommendation have been received. Page 122 of 173 V. DISCUSSION: Applicant is seeking to rezone the property north of East “A” Street approximately 650 feet east of Heritage Boulevard from RT (Residential Transition) to R -4 (High-Density Residential) consistent with the Comprehensive Plan designation for the property. The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco. The site was annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance No. 3033). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan. Both high- and low-density residential uses have been developed to the east of the site. Staff recommends approval of the proposed ordinance. Page 123 of 173 Ordinance – Rezone Z 2022-005 - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED NORTH OF EAST “A” STREET, APPROXIMATELY 650 FEET EAST OF HERITAGE BOULEVARD, PASCO, WASHINGTON, FROM RT TO R-4. WHEREAS, Petitioner Adam Suarz, on behalf of Broetje Orchards/Jubilee Foundation, seeks to rezone a parcel of land located North of East “A” Street approximately 650 feet east of Heritage Boulevard in Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the standards of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on June 8, 2022; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development are adequately mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposed rezone is consistent with and satisfies all criteria set forth in PMC Section 25.210.030; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council and the Hearing Examiner Report is hereby incorporated by this referenc e as Exhibit A. Page 124 of 173 Ordinance – Rezone Z 2022-005 - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT (Residential Transition) to R-4 (High-Density Residential) for the real property as shown in Exhibit B attached hereto and described as follows: Blocks 11 & 12, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington (Parcel Nos. 113882041, 113882050, 113882078, 113882069, and 113881033) Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ____ day of ________, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published ____________________________ Page 125 of 173 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) ) ) ) ) ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z2022-005 Jubilee Foundation THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on June 8, 2022, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Pact, Recommended Conclusions of Law, and Recommended Decision as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY/APPLICATION DESCRIPTION: 1.1 Legal: Blocks 11 & 12, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M. Records of Franklin County, Washington (Parcels 113882041, 113882050, 113882078, 113882069, and 113881033). 1.2 General Location: North of East "A" Street approximately 650 feet east of Heritage Boulevard in Pasco, WA. 1.3 Property Size: 4.34 acres (188,960.16 square feet) 1.4 Applicant: Jubilee Foundation c/o Adan Suarez, 3713 East A Street, Pasco WA 99301. 1.5 Request: RT (Residential Transition) to R-4 (High-Density Residential) 2.ACCESS: The site has access from East "A" Street. 3.UTILITIES: Water is available in East "A" Street. Sewer is available in East "A" Street and in an unimproved street Right-of-Way dedicated as part of the 1913 Washington Addition to Pasco. 4.LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and contains one SFDU, one duplex (both on Parcel 113882078), and a garage (on Parcel 113882069). Sunounding properties are zoned and developed as follows: North: RT Vacant East: R-3 Multi-Family Apartments South: I-1 Vacant West: C-3 Vacant 5.COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Mixed Residential/Commercial uses. Those portions of the community designated for Mixed Residential/Commercial development by the Comprehensive Plan allow a combination of mixed-use residential and commercial in the same development, single-family dwellings, Z 2022 005 Jubilee Foundation Page 1 of 6 Page 126 of 173 patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre and may be developed with neighborhood shopping and specialty centers, business parks, service and office uses. Comprehensive Plan Mixed Residential/Commercial areas may be zoned R-1 through R-4, C-1, "O," and Waterfront. The proposal supports the following Comprehensive plan goals: 5.1 Land Use Goal LU-2: Plan for a variety of compatible land uses within the UGA. 5.2 Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live. 5.3 Land Use Goal LU-4: Increase community accessibility through proper land use planning. 5.4 Land Use Goal LU-5: Maintain a broad range of residential land use desi gnations to accommodate a variety of lifestyles and housing opportunities. 5.5 Land Use Policy LU-5-A Pol icy: Allow a variety of residential densities throughout the UGA. 5.6 Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals. 5.7 Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market. 5.8 Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value. 5.9 Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 6.ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued on June 1, 2022 for this project under WAC 197-11-158. 7.REQUEST: Applicant is seeking to rezone the property north of East "A" Street approximately 650 feet east of Heritage Boulevard from RT (Residential Transition) to R-4 (High-Density Residential) consistent with the Comprehensive Plan desi gnation for theproperty. 8.HISTORY: The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco, then de-annexed in 1921 (Ordinance 319) and subsequently (re)annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan. 9.Rights-of-way were dedicated in conjunction with the original 1913 Washington Addition to Pasco plat for both East Butte Street, located along the north property line of Blocks 11 & 12, South Spokane Street, which aligns with the west line of Block 11, and South Sprague Street, which runs through the middle of blocks 11 & 12. At least one north-south street wi 11 need to connect East Helena to East "A Street in conjunction with any future development. Z 2022 005 Jubilee Foundation Page 2 of6 Page 127 of 173 10.This site is located within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15 .060). The existing residences may be served by a private domestic water well. This domestic water well, along with any other domestic water wells on the property must be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. 11.REZONE CRITERIA: The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 11.1 The date the existing zone became effective: 11.1.1 The current zoning classification of RT (Residential Transition) became effective on July 23, 1994, upon annexation into the City. 11.2 The changed conditions, which are alleged to warrant other or additional zoning: 11.2.1 Both high-and low-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; two new 1-million square-foot Amazon fulfillment center buildings are currently under construction nearby, as well as other sizable industrial developments; the number and scale of new industries coming to the area suggest an increased need for affordable housing (both rental and home ownership) in Pasco .. 11.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 12.3.l Under the current Comprehensive Plan land use designation of Mixed Residential/Commercial the properties could be zoned R-1 through R-4, C-1, "O," and Waterfront. The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. The rezone will allow for development of Mixed Residential/Commercial uses in the area, providing commercial and residential opportunities for Pasco residents. The current RT zoning designation does not lend itself well to either sales or development of the properties. 11.4 The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: 11.4.1 A change in zoning classification may ultimately result in the development of Mixed Residential/Commercial development consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities, and landscaping in the area, thus improving the value of surrounding properties. 11.5 The effect on the property owner or owners if the request is not granted: 11.5.1 Because the RT zoning only permits only one single-family home per 5 acres, and the property comprises approximately 4.34 acres, the existing residences are considered legal non-conforming; as such, any new additional residential uses would be prohibited with the current zoning. Applicants will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the property. 12.Public notice of this hearing was sent to property owners within 300 feet of the property and Z 2022 005 Jubilee Foundation Page 3 of 6 Page 128 of 173 in the Tri-City Herald on May 24, 2022. 13.Applicant wishes to rezone the property north of East "A" Street approximately 650 feet east of Heritage Boulevard from RT to R-1. 14.The site is Blocks 11 & 12 of the 1913 Washington Addition to Pasco plat. 15.The site was annexed into the City and assigned RT zoning in 1994 in conjunction with annexation. 16.The site comprises approximately 4.34 acres. 17.The site contains one SFDU, one duplex, and a garage, which are slated for demolition as part of future development. 18.The current Comprehensive Plan land use designation is Mixed Residential/Commercial. 19.The Mixed Residential/Commercial land use designation allows for R-1 through R-4, C-1, "O," and Waterfront zoning. 20.Both high-and low-density residential uses have been developed to the east of the site. 21.Rights-of-way were dedicated in 1913 for both East Butte Street, South Spokane and South Sprague A venue. 22.The South Spokane Avenue right-of-way runs along the west side Block 11. 23.The South Sprague Avenue right-of-way runs between Blocks 11 & 12. 24.At least one north-south street will need to connect East Helena to East "A Street in conjunction with any future development. 25.The proposed zoning request is consistent with the Comprehensive Plan. 26.The Comprehensive Plan has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. 27.Any development will require developers to install/upgrade street, utilities and landscaping in the area. 28.The RT zoning permits single family homes on a minimum of 5 acres for development. 29. The site compr.ises less than 5 acres. 30.This site is located within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). 31 . The existing residences may be served by a private domestic water well. 32.This domestic water well, along with any other domestic water wells on the property must be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. 33.An open record public hearing after due legal notice was held June 8, 2022 via videoconference. 34.Appearing and testifying on behalf of the applicant was Adan Suarez. Mr. Suarez stated he is the agent for the property owner and Applicant. He testified that he agreed with all representations in the staff report. 35.No member of the public testified at the hearing. Z 2022 005 Jubilee Foundation Page 4 of 6 Page 129 of 173 36.The staff report, application materials, agency comments and the entire file of record were admitted into the record . 37.Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact from which to draw those conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1.The proposal is in accordance with the goals and policies of the Comprehensive Plan. 1.1 The proposal supports the following Comprehensive plan goals: Land Use Goal LU- 3: Maintain established nei ghborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4: Increase community accessibility through proper land use planning; Land Use Goal LU-5: Maintain a broad range of residential land use desi gnations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA; Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city's overall development goals; Housing Goal H-1: Encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 Both high-and low-density residential uses have been developed to the east of the site. Currently, this property contains one SFDU, one duplex, and a garage, which are slated for demolition as part of future development; the area is desi gnated Mixed Residential/Commercial zoning on the Comprehensive Plan Map. Mixed Residential/Commercial zoning permits the R-4 (High-Density Residential) zoning district. The proposed rezone is consistent with the referenced plans. 3.There is merit and value in the proposal for the community as a whole. 3.1 The proposed zoning is consistent with the Plan's Land Use Map. Land Use Goal LU-3 requires the City to maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4 directs the city to increase community accessibility through proper land use planning; Land Use Goal LU-5 requires the City to maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A suggests the city allow a variety of residential densities throughout the UGA; Housing Goal H-1 directs the City to encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Goal H-3 requires the city to encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4 tells the city to support efforts to provide affordable housing to meet the needs of the Z 2022 005 Jubilee Foundation Page 5 of 6 Page 130 of 173 community. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 4.1 The Pasco Municipal Code includes design standards for Mixed Residential/Commercial development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5.A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. 5 .1 A concomitant agreement is not considered necessary for this application. 6.Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. ill. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL that Blocks 11 & 12, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington (Parcels I 13882041, 113882050, 113882078, 113882069, and 113881033), located north of East "A" Street approximately 650 feet east of Heritage Boulevard be rezoned from RT (Residential Transition) to R- 4 (High-Density Residential). Dated this _ll day of June, 2022. Z 2022 005 Jubilee Foundation Page 6 of 6 Page 131 of 173 HERITAGE BLVDCEREZA CTMANZANITA LNPAZ CTTIERRAVIDALNESTRELLA DRE HELENA STE A ST//0 210 420 630 840110Feet"Exhibit B"R-4Item: Rezone - Jubilee Foundation RT to R-4Applicants: Adan Suarez c/o Broetje Orchards/Jubilee FoundationFile #: Z 2022-005Page 132 of 173 REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Council Chambers Wednesday 8 June 2022 6:00 PM 1 MASTER FILE #: Z 2022-005 APPLICANT: Jubilee Foundation c/o Adan Suarez 3713 East A Street Pasco WA 99301 REQUEST: REZONE: RT (Residential Transition) to R-4 (High-Density Residential) BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Blocks 11 & 12, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M. Records of Franklin County, Washington (Parcels 113882041, 113882050, 113882078, 113882069, and 113881033). General Location: North of East “A” Street approximately 650 feet east of Heritage Boulevard in Pasco, WA. Property Size: 4.34 acres (188,960.16 square feet) 2. ACCESS: The site has access from East “A” Street. 3. UTILITIES: Water is available in East “A” Street; sewer is available in East “A” Street and in an unimproved street Right-of-Way dedicated as part of the 1913 Washington Addition to Pasco. 4. LAND USE AND ZONING: The lot is currently zoned RT (Residential Transition) and contains one SFDU, one duplex (both on Parcel 113882078), and a garage (on Parcel 113882069). Surrounding properties are zoned and developed as follows: North: RT Vacant East: R-3 Multi-Family Apartments South: I-1 Vacant West: C-3 Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Mixed Residential/Commercial uses. Those portions of the community designated for Mixed Residential/Commercial development by the Comprehensive Plan allow a combination of mixed-use residential and commercial in the same development, single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre and may be developed with neighborhood shopping and specialty centers, business parks, service and office uses. Comprehensive Plan Mixed Residential/Commercial areas may be zoned R-1 through R-4, C-1, “O,” and Waterfront. The proposal supports the following Comprehensive plan goals: Land Use Goal LU-2: Plan for a variety of compatible land uses within the UGA. Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live. Page 133 of 173 2 Land Use Goal LU-4: Increase community accessibility through proper land use planning. Land Use Goal LU-5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities. Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA. Land Use Goal LU-6: Encourage distinctive quality community and regional commercial and industrial developments that support the city’s overall development goals. Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market. Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value. Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued on June 1, 2022 for this project under WAC 197-11-158. ANALYSIS Proposal Applicant is seeking to rezone the property north of East “A” Street approximately 650 feet east of Heritage Boulevard from RT (Residential Transition) to R-4 (High-Density Residential) consistent with the Comprehensive Plan designation for the property. History The site was originally platted into Pasco in 1913 as part of the Washington Addition to Pasco, then de- annexed in 1921 (Ordinance 319) and subsequently (re)annexed into the City in 1994 and assigned RT (Residential Transition) zoning (Ordinance 3033). The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to align with the land use designations of the Comprehensive Plan. Rights-of-way were dedicated in conjunction with the original 1913 Washington Addition to Pasco plat for both East Butte Street, located along the north property line of Blocks 11 & 12, South Spokane Street, which aligns with the west line of Block 11, and South Sprague Street, which runs through the middle of blocks 11 & 12. At least one north-south street will need to connect East Helena to East “A Street in conjunction with any future development. This site is located within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). The existing residences may be served by a private domestic water well. This domestic water well, along with any other domestic water wells on the property must be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. Rezone Criteria Page 134 of 173 3 The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1) The date the existing zone became effective: The current zoning classification of RT (Residential Transition) became effective on 23 July 1994, upon annexation into the City. 2) The changed conditions, which are alleged to warrant other or additional zoning: Both high- and low-density residential uses have been developed to the east of the site. Currently, this property is undeveloped; two new 1-million-square-foot Amazon fulfillment center buildings are currently under construction nearby, as well as other sizable industrial developments; the number and scale of new industries coming to the area suggest an increased need for affordable housing (both rental and home ownership) in Pasco. 3) Facts to justify the change on the basis of advancing the public health, safety and general welfare: Under the current Comprehensive Plan land use designation of Mixed Residential/Commercial the properties could be zoned R-1 through R-4, C-1, “O,” and Waterfront. The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. The rezone will allow for development of Mixed Residential/Commercial uses in the area, providing commercial and residential opportunities for Pasco residents. The current RT zoning designation does not lend itself well to either sales or development of the properties. 4) The effect it will have on the value and character of the adjacent properties and the Comprehensive Plan: A change in zoning classification may ultimately result in the development of Mixed Residential/Commercial development consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities, and landscaping in the area, thus improving the value of surrounding properties. 5) The effect on the property owner or owners if the request is not granted: Because the RT zoning only permits only one single-family home per 5 acres, and the property comprises approximately 4.34 acres, the existing residences are considered legal non-conforming; as such, any new additional residential uses would be prohibited with the current zoning. Applicants will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the property. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and in the Tri-City Herald on 24 May 2022. 2. Applicant wishes to rezone the property north of East “A” Street approximately 650 feet east of Heritage Boulevard from RT to R-1. 3. The site is Blocks 11 & 12 of the 1913 Washington Addition to Pasco plat. 4. The site was annexed into the City and assigned RT zoning in 1994 in conjunction with annexation. Page 135 of 173 4 5. The site comprises approximately 4.34 acres. 6. The site contains one SFDU, one duplex, and a garage, which are slated for demolition as part of future development. 7. The current Comprehensive Plan land use designation is Mixed Residential/Commercial. 8. The Mixed Residential/Commercial land use designation allows for R-1 through R-4, C-1, “O,” and Waterfront zoning. 9. Both high- and low-density residential uses have been developed to the east of the site. 10. Rights-of-way were dedicated in 1913 for both East Butte Street, South Spokane and South Sprague Avenue. 11. The South Spokane Avenue right-of-way runs along the west side Block 11. 12. The South Sprague Avenue right-of-way runs between Blocks 11 & 12. 13. At least one north-south street will need to connect East Helena to East “A Street in conjunction with any future development. 14. The proposed zoning request is consistent with the Comprehensive Plan. 15. The Comprehensive Plan has been determined to be in the best interest of advancing public health, safety, and general welfare of the community. 16. Any development will require developers to install/upgrade street, utilities and landscaping in the area. 17. The RT zoning permits single family homes on a minimum of 5 acres for development. 18. The site comprises less than 5 acres. 19. This site is located within the Pasco Landfill Groundwater Protection Area (see City of Pasco Municipal Code Section 16.15.060). 20. The existing residences may be served by a private domestic water well. 21. This domestic water well, along with any other domestic water wells on the property must be decommissioned in accordance with WAC 173-160 and all future water use on the property (domestic and landscaping) must be sourced from the City of Pasco. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1) The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal supports the following Comprehensive plan goals: Land Use Goal LU-3: Maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4: Increase community accessibility through proper land use planning; Land Use Goal LU-5: Maintain a broad Page 136 of 173 5 range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A Policy: Allow a variety of residential densities throughout the UGA; Land Use Goal LU- 6: Encourage distinctive quality community and regional commercial and industrial developments that support the city’s overall development goals; Housing Goal H-1: Encourage housing for all economic segments of the city’s population consistent with the local and regional market; Housing Goal H-3: Encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4: Support efforts to provide affordable housing to meet the needs of the community. 2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Both high- and low-density residential uses have been developed to the east of the site. Currently, this property contains one SFDU, one duplex, and a garage, which are slated for demolition as part of future development; the area is designated Mixed Residential/Commercial zoning on the Comprehensive Plan Map. Mixed Residential/Commercial zoning permits the R-4 (High-Density Residential) zoning district. The proposed rezone is consistent with the referenced plans. 3) There is merit and value in the proposal for the community as a whole. The proposed zoning is consistent with the Plan’s Land Use Map. Land Use Goal LU-3 requires the City to maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live; Land Use Goal LU-4 directs the city to increase community accessibility through proper land use planning; Land Use Goal LU-5 requires the City to maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities; Land Use Policy LU-5-A suggests the city allow a variety of residential densities throughout the UGA; Housing Goal H-1 directs the City to encourage housing for all economic segments of the city’s population consistent with the local and regional market; Housing Goal H-3 requires the city to encourage housing design and construction that ensures long term sustainability and value; Housing Goal H-4 tells the city to support efforts to provide affordable housing to meet the needs of the community. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for Mixed Residential/Commercial development. If or when applicants pursue the development of these properties, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5) A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is not considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions that Blocks 11 & 12, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington (Parcels 113882041, 113882050, 113882078, 113882069, and 113881033), located north of East “A” Street approximately 650 feet east of Heritage Boulevard be rezoned from RT (Residential Transition) to R-4 (High- Density Residential). Page 137 of 173 COLUMBIA RIVER COLUMBIA RIVER E LEWIS ST E A STW A ST P ASCO KAH L O T U SRD N VENTURERDU S 1 2 EN CEDAR AVEEAINSWORTHAVE W LEWIS S T E BROADWAY ST SOREGONAVEN 1ST AVEN OREGON AVESMAITLANDAVES WEHE AVES4THAVEE DO C K S T N CO M MERCIALAVE HERI TAGEBLVDU S 1 2 WWUS12TOPKR A MPLEWIS TOUS12 R A M P E / 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Overview Map SITESITE Item: Rezone - Jubilee Foundation RT to R-4 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-005 Page 138 of 173 HERITAGE BLVDCEREZA CTMANZANITALNPAZ CT TIERRAVIDA LN ESTRELLA DR E HELENA ST E A ST / 0 210 420 630 840110 Feet 0 210 420 630 840110 Feet Vicinity Map SITESITE Item: Rezone - Jubilee Foundation RT to R-4 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-005 Page 139 of 173 SFDUs SFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Multiunits Multiunits Industrial MiscCommercial Repair Vacant VacantVacant VacantVacant Vacant VacantVacantVacant VacantVacantVacant VacantVacant Vacant Vacant Vacant Vacant Vacant Vacant Vacant VacantHERITAGE BLVDCEREZA CTMANZANITALNPAZ CT TIERRAVIDA LN ESTRELLA DR E HELENA ST E A ST / 0 210 420 630 840110 Feet Land Use Map SITE Item: Rezone - Jubilee Foundation RT to R-4 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-005 Page 140 of 173 C-3 I-2 R-1 R-1 R-1-A R-3 RT R-1 RT C-1 RT I-1HERITAGE BLVDCEREZA CTMANZANITALNPAZ CT TIERRAVIDA LN ESTRELLA DR E HELENA ST E A ST / 0 210 420 630 840110 Feet Zoning Map SITE Item: Rezone - Jubilee Foundation RT to R-4 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-005 Page 141 of 173 Medium Density Residential Mixed Residential CommercialMixed Residential Commercial Mixed Residential Commercial Low Density Residential Commercial Commercial IndustrialHERITAGE BLVDCEREZA CTMANZANITALNPAZ CT TIERRAVIDA LN ESTRELLA DR E HELENA ST E A ST / 0 210 420 630 840110 Feet Comp Plan Map SITE Item: Rezone - Jubilee Foundation RT to R-4 Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundation File #: Z 2022-005 Page 142 of 173 Page 143 of 173 Looking North Page 144 of 173 Looking Northeast Page 145 of 173 Looking East Page 146 of 173 Looking Southeast Page 147 of 173 Looking South Page 148 of 173 Looking Southwest Page 149 of 173 Looking West Page 150 of 173 Looking Northwest Page 151 of 173 Two Houses Onsite Page 152 of 173 J Affidavit of Mailing In regards to MF# Z2022 -005 I, Carmen Patrick , hereby confirm that not ification was sent by ma i l on May 23 , 2022, to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification . Given under my hand and official signature this 23 rd day , May of 2022. Representative 's Signature Page 153 of 173 f .a Cityof 11• Pasco Community Development Department PO Box 293, 525 N 3rd Ave , Pasco, WA 99301 P: 509 .545 .3441 / F: 509.545 .3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: Adan Suarez, on behalf of Broetje Orchards/Jubilee Foundation has submitted a rezone application (Z 2022-005} from RT (Residential Transition) to R-4 (High-Density Residential) for Blocks 11 & 12, Washington Addition to Pasco, Section 28, Township 9 North, Range 30 East, W .M. records of Franklin County, Washington (Parcels 113882041, 113882050, 113882078, 113882069, and 113881033). Said property is situated North of East A Street approximately 650 feet east of Heritage Boulevard in Pasco, WA .. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 8 June 2022. Only comments received by the referenced date will be included in the hearing examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: adamsj@pasco-wa.gov . Open Record Hearing: The Hearing Examiner will conduct an open record hearing at 6:00 p.m. on 8 June 2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington . The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco -wa .gov/publiccom ment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Recommendation: It is estimated that the Hearing Examiner will make a recommendation to City Council on the rezone within ten (10) business days of the public hearing. Prepared 23 May 2022 by : Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco , WA 99301 (509) 545- 3441 Page 154 of 173 Vicinity Map Item: Rezone -Jubilee Foundation RT to R-4 N Applicants: Adan Suarez c/o Broetje Orchards/Jubilee Foundationv+E File #: Z 2022-005 s Page 155 of 173 .) BRO ET JE ORCHARDS LLC 3525 EA ST PASCO, WA 99301 EDNA D EVANS 730 S DOUGLAS AVE PASCO, WA 99301 ELPIDIO & MARIA GARCIA 37 16 ROBERTA RD PASCO, WA99301 EUSTOLIA T GONZALEZ (ETAL) 4112 W MARGARET ST PASCO, WA99301 JUAN & MARIA MONTALVO 2 700 EA ST PASCO, WA99301 RALPH E & CHERYL BROETJE 7 16 W SUNSET DR BURBANK , WA99323 Page 156 of 173 AGENDA REPORT FOR: City Council July 12, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Steve Worley, Director Public Works SUBJECT: *Ordinance & Resolution - Budget Amendment & Bid Award for West Pasco Water Treatment Plant Expansion (Phase 2) I. REFERENCE(S): Resolution Ordinance Recommendation of Award II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, awarding Bid No. 21297 for the West Pasco Water Treatment Plant Expansion Phase 2 project to Apollo, Inc. of Pasco, Washington, and further, authorize the City Manager to execute the contract documents and allowing all necessary budget adjustments. MOTION: I move to adopt Ordinance No. ______, amending the 2021 -2022 Biennial Budget of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's water fund for the construction of the West Pasco Water Treatment Plant Improvements Phase 2. III. FISCAL IMPACT: Contract Total $13,606,000.00 Budget 2021-2022 Adopted budget: $8,300,000 for this project. In May 2022, the City received a Drinking Water State Revolving Fund low- interest loan in the amount of $9,753,258.92. In 2021, Council approved $9,000,000 of American Rescue Plan Act (ARPA) funds for eligible utility projects to reduce the impact of rate increases on utility customers. Staff is Page 157 of 173 proposing the utilization of $3,000,000 of the ARPA funds available for this project. The proposed budget amendment reflects the increase in the budget as a result of this funding award. It also addresses the funding shortfall experienced in this project as a consequence of current market conditions and material scarcity, especially affecting piping, mechanical and electrical components. Staff continues to coordinate closely on cash flow and funding availability to support the completion of this critical project and others relying on the same fund. IV. HISTORY AND FACTS BRIEF: Design, permitting, and final costs estimates for this project were completed in June 2022. Phase 2 project consists of the a set of improvements to expand the distribution capacity of the West Pasco Water Treatment Plant (WPWTP) from 6 million gallons per day (MGD) to 12 MGD, and complements the improvements underway as part of Phase 1 (membrane filters and other treatment improvements). The scope of work includes the installation of a booster pump station providing the pumping capability to pressure zones 1 and 3, upgrades to the intake pump station on the Columbia river, partial upgrades to the electrical backup, and changes to the site to support the expanded operational processes. Design for Phase 2 has been cognizant of future phases. Future phases are: • Phase 3 will provide redundancy to the system to ensure 12MGD firm capacity. • Phase 4 will allow the WPWTP to produce 18 MGD. The improvements at this facility provide cost-effective resiliency for the City’s water system as the main water treatment facility (Butterfield WTP) is aging and will be undergoing planned and extensive improvements in the coming years. Increasing distribution capacity at WPWTP provides for additional supply to meet current and future potable water demands, as well as provide much -needed supply redundancy for existing water customers. With the planned improvements to the Butterfield plant on the near-horizon, there is some urgency for the completion of these WPWTP improvements. V. DISCUSSION: The project was advertised for bids on June 17, 2022. On July 13, 2022 bids were publicly opened. A total of three (3) bids were received. Page 158 of 173 The lowest responsible, responsive bidder is Apollo, Inc. of Pasco, WA in the amount of $10,349,688.60. The Engineer's Estimate is $13,606,000. Bid Tabs Apollo, Inc. $10,349,688.60 Rotschy, Inc. $11,752,644.00 Clearwater Construction Management $12,178,856.70 The Engineer of Record, RH2, and City staff completed the review of the bid submittal and found no exemptions or irregularities. Due to the criticality of this project, staff recommends award of the con tract to Apollo, Inc. of Pasco, WA. Page 159 of 173 Resolution – Bid Award for the WPWTP Improvements, Phase 2 project - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 21297 FOR THE WEST PASCO WATER TREATMENT PLANT EXPANSION PHASE 2 PROJECT TO APOLLO, INC. OF PASCO, WASHINGTON, AND FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS. WHEREAS, the City of Pasco has an identified capital improvement public works project described as the West Pasco Water Treatment Plant (WPWTP) Expansion Phase 2 Project; and WHEREAS, this project involves the installation of a booster pump station providing the pumping capability to zone 1 and 3 to expand treatment plant distribution capacity from 6 MGD to 12 MGD, upgrades to the intake pump station for the increased demand, upgrades to the backup electrical, and other site improvements to accommodate expanded operational processes; and WHEREAS, the City solicited sealed public bids for this project, identified as the WPWTP Improvements, Phase 2 Project; and WHEREAS, on July 13, 2022, at 2:00 p.m., three (3) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was Apollo, Inc. with a bid of $10,359,218.70, the Engineer’s Estimate was $13,606,000.00; and WHEREAS, the bid documentation was reviewed and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the WPWTP Expansion, Phase 2 Project to Apollo, Inc. of Pasco, Washington in the amount of $10,359,218.60, including Washington State Sales Tax; and Page 160 of 173 Resolution – Bid Award for the WPWTP Improvements, Phase 2 project - 2 Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington this ___ day of July, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 161 of 173 Ordinance – 2021-2022 Operating Budget Amendment 21 297 West Pasco Water Treatment Plant (WPWTP) Expansion – Phase 2 - 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING THE 2021-2022 BIENNIAL BUDGET (ORDINANCE NO. 4560) OF THE CITY OF PASCO, WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S WATER/SEWER UTILITY FUND FOR THE CONSTRUCTION OF THE WEST PASCO WATER TREATMENT PLANT EXPANSION (PHASE 2). WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503, adopting the 2021-2022 Biennial Budget; and WHEREAS, on November 22, 2021, the Pasco City Council approved Ordinance No. 4560, adopting the 2021-2022 Biennial Budget Amendment; and WHEREAS, the 2021-2022 Amended Biennial Budget included the West Pasco Water Treatment Plant Expansion (Phase 2) in the amount of $8,300,000 with revenue anticipated from rates and an unsecured low-interest loan; and WHEREAS, current project costs exceed the originally anticipated costs, due to market conditions; and WHEREAS, Council has authorized $9,000,000 in American Rescue Plan Act funds to be utilized for eligible utility projects; and WHEREAS, the City is pursuing an increase of funds to cover construction costs anticipated to be expended in 2022 through 2024. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(1)(d), the 2021-2022 Biennial Budget be and the same is hereby amended to provide for the following adjustments to revenues, accounting for an excess in revenue generated from use of American Rescue Plan Act grant funds of $1,000,000 and additional low interest loan proceeds, in the amount of $3,453,259, and modifying proportionately the expenditures in the Water/Sewer Utility Fund accounting for this increase in revenue to be appropriated as a funding source for the WPWTP Expansion Phase 2, as follows: Fund EXPENDITURE REVENUE Water/Sewer Utility Fund 4,453,259.00 4,453,259.00 Total $ 4,453,259.00 $4,453,259.00 Page 162 of 173 Ordinance – 2021-2022 Operating Budget Amendment 21 297 West Pasco Water Treatment Plant (WPWTP) Expansion – Phase 2 - 2 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4560 as previously adopted heretofore shall remain unchanged. Section 4. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 163 of 173 RH2 ENGINEERING Richland 114 Columbia Point Drive, Suite C Richland, WA 99352 1.800.720.8052 / rh2.com 07/14/22 8:18 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\21-0263\50 SDB\20220713_LETTER_APOLLO_AWARDRECOMMENDATION.DOCX WASHINGTON LOCATIONS Bellingham Bothell (Corporate) East Wenatchee Issaquah Richland Tacoma OREGON LOCATIONS Medford Portland July 14, 2022 Mr. Brandon Lane City of Pasco 525 N. 3rd Avenue Pasco, WA 99301 Sent via: Email Subject: Recommendation of Award for: West Pasco Water Treatment Plant Improvements: Phase 2 Dear Mr. Lane: The bids for the West Pasco Water Treatment Plant Improvements: Phase 2, were opened at the City of Pasco at 2:00 PM on Wednesday, July 13, 2022. Of the three bids received, Apollo, Inc. (Apollo) submitted the lowest responsible bid. The total bids (including 8.7% sales tax) for this project are as shown below. Bid Totals (Including 8.7% Sales Tax) Bidder Total Price Apollo $10,359,218.70 Rotschy, Inc. $11,752,644.00 Clearwater Construction and Management $12,178,856.70 For reference, the engineer’s estimate for this project was $13,605,979.00. RH2 reviewed Apollo’s status on the U.S. Government’s “System for Award Management” database, the Washington State Department of Revenue’s “Delinquent Taxpayer List”, and the Washington State Department of Labor and Industries website, and has found no violations or exclusions related to Apollo. Page 164 of 173 07/14/22 8:18 AM \\CORP.RH2.COM\PROJECTS\PROJECT\DATA\PSC\21-0263\50 SDB\20220713_LETTER_APOLLO_AWARDRECOMMENDATION.DOCX MR. BRANDON LANE JULY 14, 2022 Page 2 Based on our analysis of the bids and Apollo’s status in the aforementioned databases and lists, we recommend that Apollo be awarded the contract for this project, with a combined contract amount of $10,359,218.70, which includes 8.7% Washington State sales tax. If you have any questions regarding this letter, please call me at 509.392.6503 or via email at rwithers@rh2.com. Thank you for the opportunity to assist you with this project. Sincerely, Ryan Withers, PE Project Manager RMW 07/14/2022 Page 165 of 173 AGENDA REPORT FOR: City Council July 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 7/18/22 FROM: Richa Sigdel, Director Finance SUBJECT: Ordinances - Budget Adjustments - City Purchase of Thunderbird Motel and Fire Station No. 85 Street & Utilities Work I. REFERENCE(S): Ordinances II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ______, authorizing the expenditure of Bond Revenue for the purpose of financing the co nstruction costs associated wit the future Pasco Fire Station No. 85 site work project and amending the 2021- 2022 authorize future, and, Fund, Biennial General Budget Construction publication by summary only. MOTION: I move to adopt Ordinance No. ______, amending the 2021-2022 Biennial Budget of the City of Pasco, Washington, by providing supplement thereto; to provide additional appropriation in the City's Economic Development Fund for the purchase of property located at 414 West Columbia Street, Pasco, WA, and, future, authorize publication by summary only. III. FISCAL IMPACT: General Fund - $1,002,345 Economic Development Fund - $1,200,000 IV. HISTORY AND FACTS BRIEF: On May 2, 2022, Council approved acceptance of the lowest bid of $1,002,345 from C&E Trenching LLC to complete Fire Station No. 85 Site street and utility work, as well as the purchase of property located at 414 West Columbia Street, Pasco, WA. Page 166 of 173 Both opportunities presented themselves subsequent to the approval of the biennial budget; purchase of the property, and the need to expedite development of Fire Station 85 due to increased call volumes and anticipated development in the Broadmoor area. As such neither item was included in the adopted biennial budget. An ordinance allowing for adjustment to the budget is necessary to formalize the two appropriations. V. DISCUSSION: Staff recommends approval of the ordinances as presented. Page 167 of 173 Ordinance – 2021-2022 Capital Project Budget Amendment Future Fire Station No. 85 Site Work Project - 1 ORDINANCE NO. ____ AN ORDINANCE AUTHORIZING THE EXPENDITURE OF BOND REVENUE FOR THE PURPOSE OF FINANCING THE CONSTRUCTION COSTS ASSOCIATED WITH THE FUTURE PASCO FIRE STATION NO. 85 SITE WORK PROJECT AND AMENDING THE 2021-2022 BIENNIAL BUDGET GENERAL CONSTRUCTION FUND. WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503, adopting the 2021-2022 Biennial Budget; and WHEREAS, on November 22, 2021, the Pasco City Council approved Ordinance No. 4560, adopting the 2021-2022 Mid-Biennium Budget Adjustment amending the 2021-2022 Biennial Budget; and WHEREAS, the 2021-2022 Mid-Biennial Budget included $527,230 for work related to the design of Fire Station No. 85; and WHEREAS, to meet current and projected growth in the northwest area of Pasco an additional Fire Station is needed; and WHEREAS, the first phase of the project has been determined to include site work to prepare for future construction; and WHEREAS, the lowest bid of $1,002,344.52 from C& E Trenching LLC was accepted by City Council at their May 2, 2022, meeting; and WHEREAS, the City Council finds that sufficient funds exist from the prior sale of City bond(s), which bonds having been duly authorized by the City Council, and are available to fund the construction costs of this project and such expenditure being consistent with 35A.34.200(1)(c) and in the best interest of the City of Pasco, as it ensures successful and timely completion of a necessary Capital Improvement Project, it is hereby authorized by the City Council of the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(1)(c), the funding of the construction costs related to the C&E Trenching project shall be financed through the revenues earned through the sale of duly authorized City bond(s) and the 2021-2022 Mid-Biennial Budget shall be amended to include these additional revenues within the General Construction Fund with the following end fund balance: Page 168 of 173 Ordinance – 2021-2022 Capital Project Budget Amendment Future Fire Station No. 85 Site Work Project - 2 Fund EXPENDITURE REVENUE GENERAL CONSTRUCTION FUND $1,002,344 $1,002,344 GENERAL FUND (RESTRICTED GO BONDS) $1,002,344 Total $2,004,688 $1,002,344 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4560 as previously adopted heretofore shall remain unchanged. Section 4. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 169 of 173 Ordinance – 2021-2022 Purchase of Real Property - 1 ORDINANCE NO. ____ AN ORDINANCE AMENDING THE 2021-2022 MID-BIENNIAL BUDGET (ORDINANCE NO. 4560) OF THE CITY OF PASCO, WASHINGTON, BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S ECONOMIC DEVELOPMENT FUND FOR THE PURCHASE OF PROPERTY LOCATED AT 414 WEST COLUMBIA STREET, PASCO, WA. WHEREAS, on December 7, 2020, the Pasco City Council approved Ordinance No. 4503, adopting the 2021-2022 Biennial Budget; and WHEREAS, on November 22, 2021, the Pasco City Council approved Ordinance No. 4560, adopting the 2021-2022 Mid-Biennium Budget Adjustment amending the 2021-2022 Biennial Budget; and WHEREAS, the 2021-2022 Mid-Biennial Budget did not include the purchase of real property located at 414 West Columbia Street, Pasco, WA; and WHEREAS, purchase of the property was part of the City Council’s Downtown Redevelopment Strategy; and WHEREAS, a Purchase and Sale Agreement (PSA) was executed subject to City Council approval on March 24, 2022; and WHEREAS, following the due diligence phase of the PSA, City Council passed Resolution No. 4180, approving the purchase of the Thunderbird Motel, located at 414 West Columbia Street, Pasco, WA at their May 2, 2022, meeting; and WHEREAS, the City Council finds that such interfund transfer pursuant to 35A.34.200(3) is in the best interest of the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.200(3), the 2021-2022 Mid-Biennial Budget be and the same is hereby amended to provide for the following adjustments to revenues, transfers in, expenditures, and transfers out by providing authority for any necessary transfer of money within or between funds indicated, and their subsequent impact to end fund balance: Fund EXPENDITURE REVENUE ECONOMIC DEVELOPMENT FUND $1,200,000 Total $1,200,000 Page 170 of 173 Ordinance – 2021-2022 Purchase of Real Property - 2 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4560 as previously adopted heretofore shall remain unchanged. Section 4. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 171 of 173 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 172 of 173 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comunidad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 173 of 173